Other conditions decisions — 2015

The Veteran's lung disorder claim is being remanded for further development, including a VA examination closer to his home.

The Board has reopened the claim for service connection for the cause of the Veteran's death and granted it, finding that new evidence submitted by the appellant raises a reasonable possibility of substantiating the claim.

The Board denied the appellant's petition to revoke the forfeiture of the Veteran's rights to VA benefits (except insurance benefits), finding no new and material evidence that would overturn the original decision.

The Board has ordered a new examination to determine the nature and likely etiology of any current blood clot disability of the right lower extremity. Additionally, the Veteran's claim for a rating in excess of 10 percent for right femur fracture residuals will be remanded with instructions to obtain all relevant records from his February 2012 surgery.

The Board has determined that the West Seattle Training Center, where the Veteran completed his training program, is not approved for VA benefits by the State approving agency. The case is REMANDED to determine if the Alliance for Child Welfare Excellence has received approval from the State approving agency and whether their Regional Core Training course qualifies for VA educational assistance.

The Board has determined that the cause of death listed on the Veteran's death certificate (respiratory failure due to pneumonia) is not service-connected. The claim for service connection for the cause of death is denied.

The Veteran's appeal for clothing allowance was dismissed due to his death.

The Board found that the Veteran's service-connected perianal abscess and pilonidal cyst did not meet the criteria for a higher than 10 percent evaluation, as it was only manifested by occasional moderate leakage.

The Board has remanded the case due to insufficient accounting of how the appellant's debt was calculated, and for consideration of both the validity of the debt and the waiver request.

The Board dismissed the claim for a waiver of indebtedness for the advance payment of $4000 in education benefits as the claimant did not file a notice of disagreement or an appeal.

The Board has determined that the Veteran's death was caused by his service-connected conditions, specifically end stage cardiomyopathy and arteriosclerosis. The cause of death is considered to be due to or a result of these service-connected disabilities.

The Veteran's right knee disability, characterized by pain and restricted motion with occasional flare-ups, warrants a 10 percent evaluation prior to June 2, 2011. From June 2, 2011 onwards, the disability remains rated at 10 percent.

The Veteran's service-connected bronchiectasis with reactive airway disease is rated at 60 percent from December 27, 2011. The Board found that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's private hospitalization on August 13, 2013 was rendered in a medical emergency of such a nature that a prudent layperson would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health. VA facilities were not feasibly available at the time due to the severity and urgency of his medical condition.

The Board finds that the Veteran's lung disorder is not related to his service, including his exposure to asbestos while serving aboard the Evergreen Cutter. The preponderance of evidence does not support a relationship between his service and any current lung disability.

The Board denied the Veteran's claims of service connection for a right hand disorder, a right elbow disorder, and a bilateral foot disorder in September 2013. The decision is being reviewed on the basis of alleged CUE.

The Veteran's appeal is being remanded due to the need for additional examinations and clarification of his claims. Specifically, he needs a VA examination regarding dental trauma residuals and should clarify whether he also has a claim for service connection for a jawbone disorder.

The Board has remanded the case for further development and readjudication consistent with a Court of Appeals for Veteran claims (Court) memorandum decision. The case is now being returned to the Board.

The Board has found that the Veteran's current bilateral foot condition, including cold injury residuals and sores of the left foot, did not manifest in service or within one year thereafter and is not otherwise etiologically related to service.

The Veteran's claim for an increased rating for dysthymic disorder is being remanded due to the need for a new VA examination and consideration of all available treatment records.