Other conditions decisions — 2015

The Veteran's Porphyria Cutanea Tarda is presumed to have been caused by his exposure to herbicides during service in the Republic of Vietnam, and thus he is granted service connection for this condition.

The Veteran's active service was less than two months and he received an uncharacterized discharge. The Board finds that the Veteran did not meet eligibility requirements for VA educational assistance benefits under Chapter 30, Montgomery GI Bill (MGIB).

The Veteran's gastritis is found to have had its onset during active duty, and the Board grants service connection for a stomach disorder (gastritis).

The Veteran withdrew her appeal regarding the issue of service connection for a respiratory disorder due to asbestos exposure.

The Board finds that the Veteran's herpes and head injury are not service-connected, as there is no evidence of their onset during service or a direct relationship to service. The claim for HIV under 38 U.S.C.A. § 1151 was denied due to lack of evidence showing it resulted from VA treatment.

The Veteran seeks an earlier effective date for additional compensation benefits for dependents, but the Board finds that he did not submit a proper claim until April 2009 and therefore cannot be granted an effective date prior to this date.

The Veteran's claim for service connection for shingles is being remanded due to incomplete records and the need for an examination. The appeal will be returned to the AOJ.

The Board found that the Veteran does not have current disabilities of the head or neck as a result of his military service, and therefore denied both claims for service connection.

The Board has determined that the appellant's deceased husband did not have qualifying service for purposes of establishing basic eligibility for VA dependency and indemnity compensation (DIC) benefits based on service connection for the cause of his death. The case is being remanded to clarify the nature of the appellant's husband's service.

The Veteran's squamous cell carcinoma of the larynx is found to be related to his active service, specifically his exposure to environmental exposures while serving as an aircraft mechanic and working on the flight line. Service connection for this condition is granted.

The Board has decided that a medical opinion is needed to determine if the Veteran's cause of death (hypertensive cardiovascular disease) was related to his active duty service, including an in-service motor vehicle accident. The appeal will be remanded for this purpose.

The Board has reopened the appellant's claim of whether his character of discharge is a bar to VA benefits, but has denied the claim as the appellant's actions during service constituted willful and persistent misconduct.

The Board has determined that the Veteran's income exceeded the maximum annual pension rate for 2010 and 2011, thus denying his claim for nonservice-connected VA pension benefits.

The Veteran's request for waiver of recovery of an overpayment of improved pension benefits was found to be timely filed, and the appeal as to that issue is allowed.

The Veteran's appeal is remanded due to the need for additional examinations and records review. The issue of increased rating for past fibrocystic breast disease will be reconsidered.

The Veteran's death was not service-connected when he died while hospitalized in a non-VA facility, and burial benefits are being remanded to obtain necessary medical records and determine if the Veteran received any fee basis care.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Venice Regional Medical Center from December 14, 2011 until December 18, 2011 is granted due to the nature of the emergency treatment and the Veteran's reasonable expectation that delay in seeking immediate medical attention would have been hazardous to his health.

The Board has determined that the Veteran's service-connected duodenal ulcer and right inguinal hernia do not warrant higher ratings during any portion of the relevant period, as there is no evidence of incapacitating episodes or significant weight loss.

The Board has dismissed the appeal due to the Veteran's death, and no further action can be taken on these claims.

The Board has ordered a remand to obtain an updated VA examination and consider the Veteran's claims for service connection for bilateral otitis media and bilateral otitis externa. The examination should address whether these conditions are related to his military service, including exposure to water during training.