Other conditions decisions — 2016

The Board has decided to remand the case for further development due to inadequate examination in a previous remand. The Veteran is seeking service connection for residuals of a laminotomy, but no issues are listed as they have not been addressed yet.

The Veteran's spondylosis with disc space narrowing of the lumbar spine is rated at an initial 10 percent disability rating.

The Board has remanded the case due to scheduling issues and the Veteran's incarceration. The claim will be reconsidered after a VA examination is conducted.

The Board has remanded the case for additional information from the Army regarding the appellant's service during World War II. The appellant is entitled to payment if they can provide evidence of unrecognized guerilla service under a recognized commissioned officer.

The Board has remanded the case for further development, including obtaining VA treatment records and a new medical opinion regarding the etiology of the Veteran's esophageal cancer.

The Board has ordered the Department of Veterans Affairs (VA) to contact the appellant and provide her with an opportunity to identify all providers who have treated her for her alleged mental disabilities, including medical records and school records. The case is remanded due to the undeliverable letters sent to the appellant's address.

The Veteran's service-connected PTSD with anxiety and depression is found to have caused or aggravated his current recurrent gastritis, allowing for the grant of service connection.

The Board has determined that the Veteran's left ankle disability, diagnosed as gouty arthritis, is not related to his military service and does not meet the criteria for service connection.

The Veteran's varicose veins of the right lower extremity are rated at 40 percent prior to September 28, 2006.

The Board denied the termination of payment of a non-service-connected pension and reduction of disability compensation due to incarceration from 2002 to 2005, finding it proper. The appeal for apportionment of benefits to dependents during this period was also denied.

The Board is remanding the case for a field investigation to conclusively determine the marital status of the Veteran at the time of his death and to ascertain whether there are any contested claims involving the Appellant's claim as the surviving spouse.

The Veteran's cause of death is listed as cardiopulmonary arrest due to, or as a consequence of, sepsis. The appellant claims the cause of death is related to his military service and specifically exposure to herbicides like Agent Orange. However, further verification is needed regarding whether the Veteran was exposed to herbicides during his service at Takhli RTAFB in Thailand.

The Veteran's keratoconus of the left eye is currently rated at 30 percent, and the evidence does not support a higher rating based on visual acuity or other criteria.

The Board has determined that the VA Regional Office (RO) did not address whether the appellant's annual countable income in subsequent years of the appeal period exceeded the applicable Maximum Annual Pension Rate, which would preclude receipt of VA death pension benefits. The RO is instructed to request updated information from the appellant and obtain information from SSA regarding credited monthly benefit payments made to her for the subsequent years of the appeal period.

The Veteran's causes of death were pneumonia, acute respiratory distress syndrome, and atypical chronic myelogenous leukemia. The Board finds that the appellant is not entitled to DIC under 38 U.S.C. § 1318 as the Veteran died more than five years after his discharge from service without having a service-connected disability rated as totally disabling.

The Board has determined that the Veteran's current bilateral leg disability is related to his in-service aggravation of a pre-existing condition, and thus service connection for this disability is granted.

The Board has determined that the Veteran's nasopharyngeal cancer is related to service, specifically his exposure to herbicide agents during service in Vietnam.

The Board has determined that the Veteran's left posterior tibial tendonitis and right posterior tibial tendonitis and tenosynovitis are service-connected as they were incurred during his periods of training in the National Guard.

The Veteran's overpayment of educational benefits was due to VA administrative error and is therefore invalid, thus the appeal for a waiver of recovery is denied.

The Board finds that the Veteran does not have a current pulmonary disorder related to service, including exposure to asbestos. The VA examiner ruled out any asbestos-related disease and concluded it is less likely as not (less than 50/50 probability) that the Veteran has any asbestosis or other asbestos-related diseases.