Other conditions decisions — 2015

The Veteran's appeal is being remanded due to the need for an in-person hearing at the RO. The issue of payment or reimbursement for unauthorized medical expenses will be addressed after the hearing.

The Board has remanded the case due to the need for additional medical records and a complete review of the claims file.

The Board has determined that the Veteran's residuals of a cold injury to the fingers are related to her active military service and grants her claim for service connection.

The Veteran's service connection claim for lung cancer, status post right lung lobectomy is granted due to presumed exposure to Agent Orange during his Vietnam service.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations to assess the severity of his service-connected lumbar spine disability and right hand injury.

The Board has ordered the VA to review the deck logs of the USS Iwo Jima for the period May 1965 through July 1965 to determine if the Veteran was exposed to herbicide agents during his service aboard the ship. The case will be returned to the Board after this additional development.

The Board has determined that new and material evidence was received to reopen the claims for service connection for internal bleeding with secondary hernia and depression. However, the Veteran does not have a current diagnosis of internal bleeding or depression related to military service.

The Board denied the Veteran's claim as there was no valid common law marriage recognized for VA purposes, and thus no basis to award increased compensation for a dependent spouse.

The Veteran's biological child, the appellant, was born with cleft lip and cleft palate. The Veteran served in Vietnam but his mother is not a Vietnam Veteran. The claim for benefits under 38 U.S.C.A. Chapter 18 as an individual with covered birth defects other than spina bifida cannot be granted because the law only provides benefits based on a mother's service, and the appellant does not meet this requirement.

The Board has remanded the case due to the need for additional development, including obtaining updated VA treatment records and scheduling a VA examination. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran is seeking a waiver of overpayment of VA benefits due to his divorce, claiming he did not inform the correct department in time. The RO has calculated the remaining balance and will consider whether repayment would violate principles of equity and good conscience.

The Veteran's cause of death was not due to service-connected disability, and he was never determined to be permanently and totally disabled by VA prior to his death. The Appellant is therefore not eligible for Chapter 35 education benefits.

The Veteran's claim for service connection for low blood count, including as due to radiation exposure, is being remanded for additional development.

The Board has ordered a remand due to inadequacies in the January 2013 VA examination, specifically regarding the Veteran's smoking history and asbestos exposure. The case is now being returned for an addendum opinion from another suitably qualified examiner.

The Veteran's claim for an increased rating for his service-connected residuals of a pelvic fracture is being remanded due to the need for additional development, including a neurological examination.

The Veteran's optic neuritis was rated at 20 percent prior to February 16, 2010 and granted a rating of 30 percent from February 16, 2010 to April 9, 2012.

The Board has determined that the Veteran's current right ring finger disability is related to injuries incurred during his first period of active duty service, and thus grants service connection for this condition.

The Board has determined that the Veteran's gastrointestinal disorder, diagnosed as ulcerative colitis, is not related to his service and therefore denied his claim for service connection.

The Veteran's claim for an evaluation in excess of 20 percent for residuals of a duodenal ulcer is being remanded due to the need for additional development and compliance with prior Board directives.

The Board denied the appellant's claim for recognition as a surviving spouse of the Veteran for DIC purposes due to her remarriage after the age of 57, but before December 16, 2003, and her application being received after December 16, 2004.