Other conditions decisions — 2016

The Board found that the appellant did not have a valid marriage to the Veteran for VA purposes, and thus is not entitled to recognition as his surviving spouse.

The Veteran's claim for basic eligibility to nonservice-connected pension benefits prior to May 24, 2010 is granted.

The Veteran's claim for increased ratings for his left elbow disability was denied. The VA examiner found that the Veteran did not have ankylosis, flail joint, or impairment of supination and pronation. However, he had limited motion due to pain.

The Board has determined that the Veteran's service-connected inguinal adenopathy or lymphadenopathy warrants a 10 percent rating since May 14, 2008.

The Veteran's claim for an increased rating for postoperative resection of the left 12th rib was denied as his condition did not meet the criteria for a compensable rating under Diagnostic Code 5297.

The Veteran's claims for increased rating of his right fingers and service connection for a right wrist condition and right hand numbness are being remanded due to the need for additional examinations.

The Board has granted service connection for Crohn's disease and anemia, finding that the Veteran's symptoms began during his active duty service.

The Board found that the Veteran's bunions did not manifest in service and have not been shown to be related to service. Therefore, the claim for service connection for bilateral bunions was denied.

The Veteran is entitled to payment of or reimbursement for unauthorized medical expenses incurred at Shands Jacksonville Hospital from March 1, 2011, to March 2, 2011 due to his respiratory condition.

The Board has determined that further development is needed to determine if the Veteran's cause of death, peritoneal carcinomatosis, was related to his service in Vietnam and exposure to herbicide agents. The appellant must provide additional information regarding any treatment received prior to her husband's death.

The case is REMANDED to the Agency of Original Jurisdiction (AOJ) for further development.

The Veteran's eligibility for VRAP benefits was denied as she did not maintain full-time enrollment during the January 21, 2014, to May 18, 2014, term.

The Veteran's claim for payment of private medical expenses incurred on July 19-23, 2013, at a non-VA medical facility is denied as he did not receive care under VA Chapter 17 within the 24 months prior to his emergency treatment.

The Board has determined that the appellant's character of discharge is still dishonorable due to willful and persistent misconduct, which bars VA compensation benefits. New evidence received since May 1984 does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied recognition as the surviving spouse of the Veteran for VA benefits purposes due to abandonment after placement in a nursing home. New evidence does not raise a reasonable possibility of substantiating this claim.

The Veteran's skin disorder was not incurred in or aggravated by his service and may not be presumed to have been incurred during his service, including due to exposure to Agent Orange.

The Veteran withdrew his appeal for additional vocational rehabilitation training under Chapter 31, Title 38, United States Code before the Board could make a decision.

The Veteran's keloid tissue formation, right shoulder, bilateral hands, right forehead, right knee and right foot has been rated as 30 percent disabling from March 1, 2005 to October 11, 2013. The rating for all scars head to toe is also 30 percent effective October 11, 2013.

The Veteran's lumbar spine disability has been rated at 10 percent since March 2009. The evidence does not warrant an increase in the rating.

The Veteran died from esophageal cancer, which was not service-connected. The Board found no evidence linking the cancer to herbicide exposure in service and denied the claim for service connection.