Other conditions decisions — 2015

The Board has decided to remand the case for additional development, including obtaining VA treatment records and arranging a VA examination. The Veteran's skin rash of the feet is being evaluated in relation to his presumed exposure to Agent Orange during service.

The Veteran's representative withdrew his appeal for service connection for arthritis of the right foot prior to the Board's decision.

The Board has determined that the Veteran's esophageal cancer, which was related to his service-connected nervous stomach and hiatal hernia, contributed substantially or materially to his death. Therefore, service connection for cause of death is granted.

The Veteran's appeal involves claims for service connection for a chronic respiratory/lung disorder and a throat disorder, both potentially related to his exposure at Camp Lejeune. The Board has ordered additional VA examinations and requested clarification on the Veteran's history of inhaler use.

The Veteran's claim for service connection for dyspnea and possible emphysema is denied as there is no evidence of a current disability.

The Board has remanded the case due to incomplete documentation of expenses incurred for the last sickness and burial of the Veteran's surviving spouse. The appellant must provide such documentation, including a death certificate and terminal medical records.

The appellant has withdrawn her appeal for entitlement to surviving spouse status for the purposes of entitlement to DIC benefits.

The Board has remanded the case for additional development, including obtaining records from SSA and VA. The Veteran's cause of death is under consideration.

The Board has determined that the appellant was not legally married to the Veteran at the time of his death, and therefore cannot be recognized as his surviving spouse for VA benefits purposes.

The Veteran's status-post fracture of left small toe with heel spur has been asymptomatic and does not produce functional impairment comparable to more than mild injury. Therefore, a compensable rating is denied.

The Board has determined that the Veteran's left eye disability is related to his active duty service, and thus grants service connection for this condition.

The Board has determined that the Appellant is not entitled to recognition as the Veteran's surviving spouse for purposes of entitlement to dependency and indemnity compensation benefits.

The Veteran's daughter is not eligible for retroactive educational assistance benefits under Chapter 35 as a matter of law.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for progressive cerebellar degeneration. The most probative evidence supports a finding that the Veteran's current condition is related to his in-service exposure to Agent Orange.

The Veteran's claims for service connection for left-sided and right-sided dental disorders, as well as related jaw soreness and headaches, have been denied. The Board found that the Veteran does not have a current disability for which VA compensation can be awarded.

The Veteran's application for retroactive payment of fees associated with certification exams taken in November 2010 and August 2011 under the Montgomery GI Bill Selected Reserves (MGIB-SR) education benefits program was denied as his claim was not filed within one year of taking the tests.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at St. David's South Austin Medical Center on August 27, 2012 is being remanded due to the need for additional development regarding financial liability and other coverage.

The Board has remanded the case for additional development, including obtaining records from Holzer Clinic and ensuring that all necessary actions have been taken. The claim will be readjudicated after this is completed.

The Veteran developed additional disability resulting from VA treatment for PVD of the right leg in April 2006, culminating in amputation. The Board finds that this was not an ordinary risk of treatment and grants compensation benefits under 38 U.S.C.A. § 1151.

The Board found that the Veteran's death was not in the line of duty but due to his own misconduct. However, a VA medical opinion concluded it was at least as likely as not that the Veteran's substance abuse and subsequent accidental death were related to stressors such as his daughter's illness and separation from his family.