Other conditions decisions — 2016

The Veteran's gouty arthritis and bunions of the feet have been rated at 10 percent each, but there is no evidence to support a higher rating based on active flare-ups or chronic residuals.

The Veteran died of pancreatic cancer. His service-connected disabilities did not cause or contribute to his death.

The Veteran's claim for service connection for mantle cell lymphoma, non-Hodgkin's lymphoma has been remanded due to the need for additional development regarding exposure to ionizing radiation and environmental toxins during his Persian Gulf War service.

The Veteran's appeal for a higher rating for his laceration to the left frontal scalp was denied as there is no evidence of visible or palpable tissue loss, gross distortion or asymmetry of one feature or paired set of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), checks, lips), or two or three characteristics of disfigurement. The current 10 percent rating adequately describes the Veteran's disability level and symptomatology.

The Board has remanded the case for additional development due to missing records from 'ZMHC' sessions and VA medical center records.

The Board found that the Veteran's sleepwalking disorder is likely to have begun during his military service and granted his claim for service connection.

The Board found that the Veteran's memory problems were not incurred in service, are not related to his service-connected seizure disorder, and are not otherwise related to service. As a result, the claim for service connection for memory problems was denied.

The Veteran's death was not service-connected, and the claim for burial benefits is denied as it was filed more than two years after his death.

The Veteran's service-connected mood disorder resulted in occupational and social impairment with reduced reliability and productivity, as evidenced by suicidal ideation, near-continuous depression affecting the ability to function independently, appropriate and effectively, impaired impulse control, difficulty adapting to stressful circumstances (including work or a work like setting), and inability to establish effective relationships.,The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment.

The Veteran's claims for service connection and increased ratings are being remanded due to the need to obtain additional medical records.

The Board found that the appellant and the Veteran did not live continuously as husband and wife at the time of the Veteran's death, and thus cannot be considered his surviving spouse for VA death benefits purposes.

The Board found that the Veteran's cause of death, acute myeloid leukemia, was not service-connected and denied the claim for service connection for the cause of the Veteran's death.

The Board found that the appellant's death pension benefits were properly terminated as her income exceeded the maximum annual pension rate (MAPR) for a surviving spouse without dependents, effective December 1, 2012.

The Veteran's request for a waiver of recovery of an overpayment in the amount of $26,326 was not timely filed and therefore denied.

The Board has determined that the appellant's service qualifies her for educational assistance under the Post-9/11 GI Bill, and thus grants her claim.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for non-service connected burial benefits as per VA regulations.

The Board has ordered the RO to recalculate the overpayment amount and determine its validity. The case will be remanded for these actions, including a detailed accounting of the overpayment and any debt created.

The Board denied service connection for residuals of a head injury in both March 1987 and March 2007 decisions, finding that there was no evidence of a head injury in service. The Moving Party's motion alleged CUE based on the inclusion of an altered service treatment record in the file.

The Veteran's appeal is being remanded for additional development, including consideration of a June 2011 VA contract examination and any other relevant treatment records.

The Veteran's anal cancer with metastasis is denied as there is no evidence that VA care caused or aggravated the condition.