Other conditions decisions — 2015

The Board has remanded the case for further development and readjudication consistent with the Court's decision, including obtaining VA treatment records and scheduling a VA examination.

The Board finds that the Veteran's cause of death is not related to his service, including presumed herbicide exposure in Vietnam. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Board finds that the Appellant is entitled to have her DEA benefits established for the program beginning August 30, 2010. The effective date of September 8, 2011, VA Form 22-5490 was within one year of the September 28, 2010, date of claim and thus retroactive benefits are allowed.

The Board found that the Veteran was involved in a fraudulent scheme where he received full VA educational benefits despite not attending classes regularly at RMTU. As such, his request for waiver of overpayment is denied.

The Board found that the Veteran did not have residuals of a head injury due to his September 1972 motorcycle accident, and thus denied service connection for this condition.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the nasopharynx, finding that it was not incurred in or aggravated by his military service and not related to herbicide exposure.

The Veteran's skin disorder, presumed to be due to herbicide exposure in Vietnam, was not diagnosed as chloracne or an acneform disease consistent with chloracne. The VA examiner found the Veteran had superficial acne but did not find it suggestive of chloracne. Therefore, service connection for his skin disorder is denied.

The Veteran's claim for service connection for a bilateral eye disability is being remanded due to the need for an addendum opinion regarding his epiretinal membrane and drusen. The secondary aspect of the diabetes mellitus claim lacks legal merit.

The Veteran's appeal is being remanded to the Agency of Original Jurisdiction (AOJ) for scheduling a Travel Board hearing. The case will be returned to the Board after the hearing.

The Board found that the decedent did not have active military service, and therefore, the presumption of service connection for ALS does not apply. As a result, the claim for service connection for the cause of death was denied.

The Veteran's claim for service connection for a lower back bulging disc was denied as he does not currently have a diagnosis of this condition.

The Board has determined that the Veteran's request for a waiver of recovery of overpayment of education benefits was timely filed. The case is now remanded to have the Committee on Waivers and Compromises adjudicate the merits of the request.

The Board found that the Veteran's current breathing and lung problems are not related to his service, including exposure to rock dust or herbicides in Vietnam. The preponderance of evidence does not support a finding of service connection.