Other conditions decisions — 2015

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional medical evidence and a new VA medical opinion.

The Board found that the Veteran's CML is not related to his service, including exposure to herbicides in Vietnam. The claim for service connection was denied.

The Board has determined that the appellant and the Veteran did not present agreement or mutual consent to enter into a marriage following their 1980 divorce, nor did they publicly recognize the existence of the marriage. The record lacks clear and convincing evidence for a common law marriage under Alabama state law.

The Board has determined that further development is needed to determine if the Veteran's current bilateral foot disorder is related to his active military service. The case is therefore REMANDED for this purpose.

The Veteran's claim of entitlement to an earlier effective date for additional compensation benefits based on his dependent spouse is denied as a matter of law.

The Veteran's fecal incontinence disability is currently rated at 30 percent, and the Board has ordered a new VA examination to assess the current level of severity.

The Board determined that the appellant's period of military service was not honorable due to multiple instances of willful and persistent misconduct, including theft and unauthorized absences. As a result, his character of discharge is dishonorable, which bars VA benefits except for those under Chapter 17.

The Veteran's appeal is remanded due to the need for a medical examination to determine if his Acute Myelogenous Leukemia (AML) is related to his presumed exposure to Agent Orange in Vietnam.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide exposure in Vietnam. The Board therefore denies the claim for service connection for the cause of the Veteran's death.

The case is being returned to the RO for additional development due to missing documents, including a certificate of death and application for benefits. The DIC claim will be reconsidered based on this new information.

The Veteran's appeal is denied as he does not meet the eligibility criteria for VA Post-9/11 GI Bill (Chapter 33) monthly housing allowance benefits due to his enrollment rate at RPI being less than one-half time.

The Board has granted the appellant's request for an earlier effective date for the transfer of educational benefits under the post-9/11GI Bill, giving her the benefit of the doubt and granting a beginning date of August 1, 2009.

The Board denied the Appellant's claim as she does not qualify as the Veteran's surviving spouse for VA purposes due to her divorce from the Veteran in November 1968.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at the University of Michigan Hospital on November 13-14, 2011 was denied as he did not meet all eligibility criteria under VA regulations.

The Veteran's appeal is being remanded due to his request for a rescheduled hearing. The case will be returned to the Agency of Original Jurisdiction (AOJ) after the scheduled hearing.

The Board has determined that new and material evidence was not received to reopen the claim of service connection for the cause of the Veteran's death. The appellant did not provide any evidence that could reasonably support a finding that the Veteran's gastroenteritis was incurred during his recognized period of service or is otherwise related to his military service.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this case.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's claim of service connection for residuals of a voice box injury will be reconsidered based on the new evidence.

The Board has decided to remand the case for further proceedings due to uncertainty regarding whether the in-service removal of teeth #24 and #25 caused or aggravated the Veteran's current uneven bone loss. The claim will be returned to the AOJ for additional development.

The Veteran's claim for a higher rating for his fractures of the right superior ischiopubic ramus and both inferior ischial rami, to include myofascial pain syndrome, from October 21, 2005 forward has been remanded due to the need for another VA examination.