Other conditions decisions — 2015

The Board has determined that the Veteran is not eligible for retroactive dependency allowance for his stepchild K. due to her age and lack of self-support, but has found in favor of adding his former spouse P. as a dependent for the period from December 1, 1991 to June [redacted], 1993.

The Board has determined that the Veteran's postoperative residuals of a perforated bowel are not due to VA carelessness, negligence, or error in judgment. However, the evidence is in equipoise regarding whether a reasonable person would have proceeded with the barium enema procedure despite knowing about the risk of a perforated bowel.

The Board has determined that the Veteran's varicose veins do not warrant a higher rating prior to June 11, 2010. From June 11, 2010 onwards, the evidence does not meet the criteria for a 40% evaluation.

The Board has granted service connection for the cause of death due to exposure to toxic chemicals during service, with consideration given to the Veteran's presumptive exposure in Vietnam.

The Board found no evidence of a current disability related to the Veteran's claimed bilateral shin splints, and thus denied his claim for service connection.

The Board found that the delimiting date of August 29, 2012 is appropriate as there was no evidence to support an extension due to hardship or medical infeasibility.

The Board has determined that the Veteran does not have a current, diagnosed disability of the left hip and therefore denied service connection for a left hip disorder.

The Board has granted service connection for the cause of the Veteran's death due to glioblastoma multiforme, which is presumed to be related to his in-service exposure to Agent Orange. The claims for accrued benefits based on pending claims of service connection for tinnitus and atypical anxiety disorder with features of PTSD have also been granted.

The Board has granted a waiver of overpayment of death pension benefits, in the amount of $16,992.70, due to the appellant's incarceration and failure to report it timely.

The Board has remanded the case for additional development, including scheduling a VA neurological examination of the Veteran's upper extremities and right lower extremity. The examiner must address whether any neurological disorder had onset during or was caused by the Veteran's active service, irrespective of his service-connected lumbar spine disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature, extent, and severity of his service-connected left knee disability and hiatal hernia with gastro-esophageal reflux disease.

The Board denied the appellant's claim, finding that his discharge from military service was under dishonorable conditions due to a conviction of rape in the second degree and domestic violence. The character of his discharge is therefore considered a bar to VA benefits.

The Board denied service connection for residuals of a head injury and initial compensable ratings for the loss of teeth 7, 8, and 9, as well as the loss of teeth 20, 21, and 29. The Veteran's current symptoms are not considered to be related to his in-service head injury or dental trauma.

The Veteran's appeal involves claims for service connection for a right hip disorder, increased ratings for right ankle and knee disabilities, and TDIU. The Board has remanded these issues due to the need for additional development.

The Veteran's claim for an increase in nonservice-connected pension benefits is denied as he is receiving the maximum amount for such benefits.

The Board has determined that additional development is needed to address the Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to VA treatment, specifically regarding whether advising him to discontinue Digoxin resulted in worsening of his heart disorder.

The Veteran's surviving spouse is found to be eligible for a one-time payment from the FVEC Fund due to their valid marriage and continuous cohabitation, with no evidence of legal impediment or remarriage. The appeal is granted.

The Veteran's claim for aid and attendance benefits for her deceased spouse was denied because the claim was submitted after the death of the spouse.

The Veteran's death was caused by multiple organ failure, with anemia and peptic ulcer disease as underlying causes. The Board found no evidence linking these conditions to service.

The Board has determined that the current evidence is insufficient to make a decision on the claim and has therefore remanded for additional development, including a VA examination.