Other conditions decisions — 2015

The Veteran's cause of death, metastatic adenocarcinoma, was not service connected as it did not manifest in active service or within one year of separation and is not otherwise related to any incident of service.

The Board denied the appellant's claim as she cannot be recognized as the Veteran's surviving spouse for VA death benefits purposes.

The Board has determined that the Veteran does not have a current respiratory disability and there is no evidence of any in-service event or exposure that would support service connection for a respiratory condition. The claim is therefore denied.

The Veteran's prostate hypertrophy with bladder restriction is rated at 40 percent, effective August 27, 2014. The claims for service connection for cervical spine disease, osteopenia, sleep apnea, eye disorders (other than detached retina), and a cholesterol condition are all granted. Service connection for heart disease and hypoglycemia have been reopened but not yet substantiated. New evidence has been submitted to reopen the claim for back disability.

The Veteran's claim for service connection for gouty arthritis of the right knee is being remanded due to incomplete records and need for a new VA examination.

The Veteran's death was caused by large B cell lymphoma and graft versus host disease. The appellant claims the cause of death is related to herbicide exposure, but there is no evidence confirming such exposure in the Dominican Republic.

The Veteran's ulcerative colitis was rated as 10 percent disabling from February 25, 2010 to June 6, 2010 and as 30 percent disabling since June 7, 2010. The Board found that the evidence did not support a higher rating for any period.

The Veteran's appeal is remanded for additional development, including a VA examination to determine if his cancer of the left tonsil and tongue base is related to service exposure to herbicides. An audiologist will also be asked to review the claims file to assess whether his hearing loss in both ears is due to in-service acoustic trauma.

The Board denied the Veteran's claim for reopening his nonservice-connected pension due to lack of new and material evidence, as he did not serve during a recognized period of war.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues of entitlement to an initial evaluation in excess of 10 percent for chronic diarrhea, nausea, and constipation, and service connection for an acquired psychiatric disorder are pending.

The Board has reopened the claim for service connection for cause of death due to subarachnoid bleed and generalized atherosclerosis/atherosclerotic peripheral vascular disease. However, further medical opinion is needed regarding the relationship between these conditions and service.

The Veteran's claim for service connection for chronic myelocytic leukemia, including as due to Agent Orange exposure, is being remanded for further development.

The Board has denied the Veteran's claim for service connection for transient ischemic attack, finding that there is no evidence of a current disability or a link between his active duty service and the claimed condition.

The Board has determined that the Veteran's cause of death, acute myelocytic leukemia, is related to his military service, specifically his presumed exposure to herbicides in Vietnam.

The Board has granted the Veteran's claim of service connection for pancreatic cancer, finding that there is at least equipoise evidence to support a relationship between his in-service chemical exposures and his current condition. The appeal seeking entitlement to a dependency allowance for a parent was dismissed due to withdrawal by the Veteran.

The Veteran's appeal is being remanded due to the need for further verification of his exposure to herbicides during service in Korea. The issues are related and will be reconsidered after additional development.

The Veteran's son is not a qualifying child for VA purposes and therefore, he is not an eligible accrued benefits claimant. The appellant is also not entitled to reimbursement of his mother's last sickness and burial expenses as there were no monies from VA owed to his mother at the time of her death.

The Board has determined that an effective date prior to November 14, 2003, for the grant of service connection for the cause of the Veteran's death is denied as a matter of law.

The Veteran's right knee disability, characterized by pain, stiffness, and limited flexion, is currently rated at 10 percent under Diagnostic Code 5260. The condition has been stable with no additional functional impairment.

The appeal is being remanded due to the failure to afford the appellant a videoconference hearing before the Board. The case will be returned to the Agency of Original Jurisdiction (AOJ) for scheduling such a hearing.