Other conditions decisions — 2015

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current diagnosis of arthritis or other hand disorders, and the right foot disability was not rated higher than 10 percent prior to December 22, 2012.

The Board denied the appellant's attempt to reopen her final decision declaring forfeiture of eligibility for VA benefits, finding that no new and material evidence was submitted.

The Board has determined that the Veteran's gastric disorder and benign prostatic hypertrophy are not related to his military service, including exposure to Agent Orange. As such, these claims for service connection have been denied.

The Board found that the Veteran's bilateral foot disorder, claimed as bunions, was not incurred during active military service or related to any incident of active military service and has not been aggravated by any of his service-connected disabilities.

The overpayment in the amount of $21,207 from payment of nonservice-connected pension benefits is not valid and thus the issue of waiver of recovery is moot.

The Board finds that the decedent had a sole period of service as ACDUTRA from February 1958 to August 1958, and thus did not have active military service. As such, he is ineligible for burial in a VA national cemetery.

The RO has determined that the appellant does not meet the income criteria for special monthly pension and did not require aid and attendance. The case is being remanded to determine if she meets the income requirements, and then to readjudicate her claim based on all evidence received since the issuance of a supplemental statement of the case.

The Board denied service connection for ear disability and head injury residuals due to lack of evidence linking current disabilities to military service.

The Board has determined that the Veteran's sinus condition, diagnosed as allergic rhinitis, was not incurred in or aggravated by service. The claim for entitlement to service connection for a stomach disability is addressed in the REMAND portion of the decision and is REMANDED.

The Board has remanded the case for further development due to non-compliance with previous directives and additional evidence received.

The Veteran's right shoulder disability was initially rated at 10 percent prior to April 14, 2010. From April 14, 2010 to August 23, 2012, the Veteran is entitled to a 20 percent rating for his right shoulder disability due to limitation of motion at shoulder level. After this date, he is not entitled to any higher ratings.

The Veteran's squamous cell carcinoma of the oropharynx and tongue is at least as likely the result of exposure to herbicides in Vietnam, warranting service connection.

The Board has determined that the Veteran's glioblastoma, which caused his death in November 2009, is related to his active service. The evidence shows no direct link between his service and the development of glioblastoma, but also does not rule out a connection due to conflicting medical opinions.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's reflux esophagitis has been rated at a noncompensable level since November 1, 2006. The Board finds that the evidence supports an initial rating of 10 percent for the entire period.

The Board has determined that the appellant meets the criteria for recognition as the Veteran's surviving spouse for VA death benefit purposes, and therefore her claim is granted.

The Veteran's appeal is being remanded for a new comprehensive VA examination to assess the current severity of his service-connected residuals of a gunshot wound to the right upper arm, including any associated vascular disability. The claim will be re-adjudicated following this development.

The Board found that the Veteran's gingival laceration does not meet even one characteristic of disfigurement necessary to entitle him to a rating in excess of 0 percent, and thus denied his claim for an increased rating.

The Board has determined that a VA examination is needed to determine if the Veteran's status-post cardiac transplant due to myocarditis had improved in or around March 2011, and whether this improvement reflects an improvement in his ability to function under ordinary conditions of life and work.

The Board denied the appellant's request for an effective date later than February 1, 2011, for the termination of her DIC benefits due to remarriage. The appropriate effective date is set at the first day of the month following her remarriage.