Other conditions decisions — 2016

The Board has remanded the case for additional development, including a Gulf War examination and an opinion regarding whether the Veteran's symptoms are associated with a chronic multisymptom illness. The claim will be reconsidered after these actions.

The Veteran's non-alcoholic fatty liver disease was incurred as a result of treatment for his service-connected papular urticaria.

The Veteran's left eye disorder is service-connected, and the hernia issue remains pending as it requires a new examination.

The Veteran's claim for service connection for residuals of a brain tumor was denied as there is no evidence linking the condition to her active duty, including exposure to herbicides. Her earlier effective date claim for nonservice-connected pension benefits was granted due to VA's failure to provide an application form for filing a formal claim.

The Board found that the cause of death, metastatic squamous cell carcinoma (SCC) of the head and neck, was not caused by or related to service-connected conditions. The appellant's contention that SCC was due to Agent Orange exposure in Vietnam was not supported by the VA opinion obtained.

The Board denied the Veteran's claim for service connection for herniated nucleus pulposus (HNP) L5-S1, post-operative in August 2002. The decision was based on a lack of evidence linking the current disability to military service. New and material evidence submitted since that time does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran died due to a fatal intestinal perforation and septic shock, neither of which are service-connected or related to his PTSD. The Board denied the claim for service connection for the cause of death.

The Veteran's claim for a higher rating for nutcracker esophagus is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim for service connection for malaria was denied as there is no current evidence of the claimed disability.

The Board has determined that the Veteran does not have residuals of appendicitis or intestinal parasites, and his hearing loss is rated at 40 percent. The claims for service connection are denied.

The Board has determined that the overpayment of VA educational assistance benefits (DEA) in the amount of $292.60 was properly created due to an administrative error by the University of Texas-Arlington.

The Board found that the overpayment of $2,362.13 was validly created due to the termination of enrollment in an educational program after April 17, 2014 and ruled against the Veteran's claim.

The Veteran's appeal is being remanded for additional development to obtain relevant medical records.

The Court vacated the September 2014 Board decision denying DIC benefits based on helpless child status and remanded the matter. The motion alleging CUE in this decision is dismissed as moot.

The Veteran's appeal was denied as he is not entitled to additional compensation based on the ZIP Code area of satellite campuses where he attends classes. His allowance was properly determined by the ZIP Code for NIU.

The Veteran's death was caused by a subarachnoid hemorrhage, which is presumed to be due to exposure to Agent Orange. The myocardial infarction (heart attack) that contributed to the Veteran's death is also presumptively service-connected as it falls under the criteria for IHD in Vietnam veterans.

The Veteran's claim for an effective date earlier than November 23, 2003 was denied. The claims for increased ratings and TDIU were granted.

The Veteran's request for a certificate of eligibility for loan guaranty benefits was denied due to insufficient service. The Board has ordered the case back to the AOJ for further action, including issuing an SOC and allowing the Veteran to perfect his appeal if he chooses.

The Veteran's service-connected ulcerative colitis is currently rated at 60 percent disabling, and the evidence does not support a higher rating based on severe symptoms including flare-ups associated with chronic diarrhea and bleeding, occasional nausea, and abdominal pain controlled with prescribed medication. Pronounced symptoms of marked malnutrition or serious complications such as liver abscess were not manifested during the period on appeal.

The Veteran was evaluated as totally and permanently disabled due to a service-connected disability in 1981. The appellant married the Veteran in 1994, which triggered her eligibility for DEA benefits. However, she did not meet the criteria for an extension of the delimiting date beyond June [redacted], 2004.