Other conditions decisions — 2016

The Board found that the Veteran's current left hip disability is not related to service or her service-connected back disability and denied her claim for service connection.

The Board denied service connection for orthostatic hypotension and a respiratory disorder, finding that the evidence did not support these claims.

The Board found that the Veteran was exposed to herbicide agents during service in Thailand, but there were no relevant injuries or diseases of the nervous system during service and no chronic symptoms of a right hand nerve disability. The current condition is not causally related to active service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current level of his service-connected coronary artery disease and determine if post-inflammatory hyperpigmentation or prurigo nodularis are related to active duty, including presumed exposure to Agent Orange.

The Veteran's right hip disabilities have been evaluated as 10 percent for each condition. The evidence does not show flexion limited to less than 45 degrees or abduction limited beyond 10 degrees, which would warrant a higher rating under the applicable diagnostic codes.

The Board has dismissed the appeal as the claim for service connection for the cause of the Veteran's death has been fully granted.

The Veteran's claim for service connection for a dental disability for compensation purposes is denied as he does not have any of the disabilities included under 38 C.F.R. §4.150.

The Veteran's squamous cell carcinoma of the right tonsil was caused by exposure to herbicides during his active service, and the Board has granted service connection for this condition.

The Veteran's right hip disability, characterized by limited adduction preventing him from crossing his legs and pain on motion following prolonged walking or standing, is rated at 20 percent under Diagnostic Code 5253. The ratings for limitation of flexion and extension are maintained as noncompensable.

The Board has granted service connection for dementia, which is the cause of the Veteran's death. The Board found that the Veteran more likely than not sustained a traumatic brain injury during active service and that this injury contributed to his development of dementia.

The Board has determined that the Veteran's duodenal ulcer, status post partial gastrectomy with dumping syndrome, is more comparable to severe; associated with nausea, sweating, circulatory disturbance after meals, diarrhea, hypoglycemic symptoms, and weight loss with malnutrition and anemia. As such, a 60 percent initial rating for this condition has been granted.

The Board is unable to determine the validity of the overpayment and requires a detailed audit, as well as updated financial information from the Veteran.

The Board has dismissed the appeal as the claim for eligibility for Dependents' Education Assistance benefits under 38 U.S.C.A. Chapter 35 is moot due to a full grant of the benefit sought on appeal.

The appeal has been dismissed due to the appellant's death, and there are no surviving claims for adjudication.

The Veteran's son, the appellant, is not eligible to receive accrued benefits as he does not meet the eligibility criteria for such payments under VA regulations.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities has been dismissed because the appellant died during the pendency of the appeal.

The Veteran's claim for service connection for an eye disability, claimed as due to radiation exposure during service, is being remanded for additional development including obtaining his service personnel records and a PIES request. A VA eye examination may be necessary if it is determined that the Veteran was exposed to ionizing radiation in service.

The Veteran's claim for service connection for substance abuse is being remanded due to the need for a new examination and consideration of updated VA treatment records.

The Board has determined that the appellant is not the Veteran's surviving spouse for purposes of VA death benefits due to a lack of valid marriage prior to October 10, 1991.

The Board has determined that the Veteran's bilateral hip degenerative joint disease is related to his active service, and thus grants service connection for this condition.