Other conditions decisions — 2015

The Board has determined that the contested claims procedures were not followed in this case and therefore, a remand is necessary to ensure compliance with VA regulations.

The Veteran's appeal for service connection for chronic pain is dismissed. The Board finds the Veteran was entitled to dependency compensation during his marriage to B.A.Y. from October 1995 to July 2000, and grants additional disability compensation for a dependent spouse based on this marriage.

The Board has reopened the Veteran's claim for service connection of Crohn's disease, but denied it on the merits due to lack of nexus between current disability and service.

The Board has granted service connection for residuals of breast cancer status post right segmental mastectomy and entitlement to special monthly compensation based on loss of 25 percent or more of tissue from the right breast. The Veteran's fibrocystic breast disease is rated at 40% under Diagnostic Code 7626.

The Board has determined that the Veteran's ALS manifested prior to September 23, 2008 and granted service connection for ALS as of this date.

The Board has determined that there is a threshold question regarding whether the appellant is a proper claimant for accrued benefits. The case is being remanded to determine if she qualifies as such.

The Board has determined that the Veteran's bilateral keratoconus is related to service, and thus grants service connection for this condition.

The Board denied the appellant's claim for a government-furnished headstone or grave marker, finding that the decedent was not entitled to such benefits due to his gravesite being marked by six-inch-by-six-inch marble stones.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence, but has denied the claim as the cause of death was not a disability for which service connection had been established or one for which service connection is warranted.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a nasal deformity. The Veteran's lay statements provide more detail about an in-service injury, which raises a reasonable possibility of substantiating his claim.

The Board has remanded the case for a videoconference hearing due to the Veteran's request. The appeal is not about service connection and thus does not involve any conditions or exposure basis.

The Board has determined that the Veteran's right and left hip disabilities had their onset during his period of active duty from January 2003 to December 2004, and service connection is granted for these conditions.

The Board has remanded the case for further development, including obtaining an addendum VA medical opinion regarding whether the Veteran's left foot disability pre-existed service and was not aggravated during service. The claim will be reconsidered after this additional development.

The Veteran's hysterectomy has been rated at 30 percent since July 1, 2008. The Board finds that the current rating is appropriate as there is no evidence of complete removal of both ovaries or other conditions warranting a higher rating.

The Veteran is seeking service connection for a bilateral eye disability, specifically macular degeneration. The claim has been remanded due to the need for a VA examination.

The Board has determined that there is no competent evidence of a current diagnosis of a chronic respiratory disorder, and thus service connection for a respiratory disability cannot be granted.

The Veteran's enlarged prostate and prostate calcifications were not incurred or aggravated in service, and may not be presumed to be service-connected based on his herbicide exposure during service.

The Board denied an earlier effective date of September 29, 2009 for the grant of nonservice-connected death pension benefits to a spouse based on the need for aid and attendance due to income levels. The claim was received within one year after the Veteran's death.

The Veteran died from multiple stab wounds, but there is no evidence linking the cause of death to service or any service-connected condition. The claim for accrued benefits was filed more than one year after the Veteran's death and thus cannot be granted.

The Veteran's esophageal cancer is found to be due to his presumed exposure to herbicides during active duty service, and the cause of death is attributed to his diagnosed esophageal cancer. Therefore, both claims are granted.