Other conditions decisions — 2016

The Veteran's appeal has been withdrawn due to a written statement expressing his wish to withdraw the issues on appeal.

The Board has determined that the Veteran's current skin disorders are not included in the list of diseases presumed to be due to herbicide exposure, and they were not manifest within one year of separation from service. As such, the claim for service connection is denied.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's foot spurs, and a new VA examination is needed.

The Veteran's appeal is remanded due to the need for clarification regarding his compensation benefits, including payments made from December 2009 to February 2011 and the computation of the 'original award amount' and 'adjusted award amount'.

The Veteran's appeal for an earlier effective date for a 100 percent rating for sphincter control impairment is dismissed as the January 1985 rating decision was subsumed by the March 1999 Board decision.,The Veteran's claim for an earlier effective date for SMC for loss of a creative organ remains pending and requires issuance of a Statement of the Case.

The Board has remanded the case due to inadequate VA examinations and missing VA treatment records. The Veteran's service-connected bilateral knee disabilities need to be re-evaluated with a new examination.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his right leg fracture residuals and especially his right ankle function.

The Board has determined that apportionment of the Veteran's nonservice-connected pension benefits to the appellant is not warranted as it would cause undue hardship for the Veteran.

The Veteran died due to pancreatic adenocarcinoma with metastases and was cremated. The appellant sought payment for burial benefits in excess of $300, but the Board found that she is not eligible as the cause of death was not service-connected.

The Veteran's service-connected tardive dyskinesia has been rated at 10 percent since June 11, 2008. The Board found that the symptoms have remained mild and intermittent throughout the appeal period, not warranting a higher rating.

The Veteran's appeal is remanded due to the need for an adequate medical opinion regarding whether his right hand disability was caused by VA treatment and if so, whether it was proximately caused by VA fault. Additionally, there are issues related to informed consent documentation.

The Veteran seeks service connection for a right tibial cyst, which he claims is related to his service-connected right knee disability. The claim was previously denied and the Board has now remanded it for further development.

The Board has determined that the Appellant does not meet the criteria to be recognized as the surviving spouse of the Veteran for purposes of establishing eligibility for VA death benefits due to a lack of continuous cohabitation from marriage until the Veteran's death.

The Veteran is entitled to an effective date of May 23, 2008 for the grant of a 100 percent disability rating for loss of use of both hands and SMC at the level of R-1 based on the need for aid and attendance due to loss of use of both hands.

The Board denied the appellant's claim for an extension of her delimiting date beyond November [redacted], 2004, for DEA benefits under 38 U.S.C.A. Chapter 35 due to lack of statutory or regulatory basis.

The Board has ordered a remand to obtain an additional VA medical opinion regarding whether the Veteran's atrial fibrillation was aggravated by his service-connected diabetes mellitus Type II and if it is related to herbicide exposure. The case will be returned for further adjudication.

The Veteran's restrictive lung disease is found to be secondary to his service-connected pleural scarring.

The Board found that the creation of a debt in the amount of $9,049.80 was proper and denied the Veteran's appeal.

The Board found that the Veteran's current bilateral hand disabilities are not related to his military service and denied his claim.

The VA determined that the Veteran's gastrointestinal disorder is not related to service, including being struck by lightning during service.