Other conditions decisions — 2016

The Veteran's chronic gastritis has been manifested by subjective complaints of weekly pain, nausea and vomiting, continuous use of medication, recurring episodes of non-severe symptoms occurring for less than one day four or more times per year, recurring episodes of severe symptoms lasting one to nine days once a year, periodic abdominal pain less than monthly that is relieved by therapy, diarrhea one a day twice per month, abdominal distension once or twice a week, frequent episodes of bowel disturbance with abdominal distress. The Board finds the Veteran's claim for an increased rating for gastritis not warranted.

The Board has reopened the claim of service connection for the cause of death due to new and material evidence, but finds that neither otitis externa nor herbicide exposure in Vietnam caused or contributed substantially to the Veteran's glioblastoma multiforme.

The Board has determined that the appellant's service discharge was under conditions other than honorable, and his conduct during service constituted willful and persistent misconduct. As a result, he does not have status as a veteran for VA purposes and is denied benefits.

The case is being remanded due to procedural issues related to a simultaneously contested claim. The AOJ must provide the Veteran with copies of all correspondence and notify him of his right to provide oral testimony before a VLJ.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has granted service connection for the cause of the Veteran's death and for glioblastoma multiforme (brain tumor) for accrued benefits purposes, finding that the Veteran's exposure to Agent Orange and jet fuel contributed to his development of these conditions.

The Board has remanded the case for further development, including scheduling a hearing at the RO before a Veterans Law Judge.

The Veteran's appeal for service connection for a lung disorder, to include as due to exposure to herbicides, has been dismissed as he withdrew his appeal in January 2016.

The Board denied the claim for service connection for metastatic squamous cell carcinoma, finding that it was not related to service or herbicide exposure.

The Board has determined that the Veteran does not have a current diagnosis of PTSD or an adjustment disorder with depressed mood and anxiety that is related to his service. The evidence does not support a finding of continuity of symptomatology since active service.

The Board found that VA did not cause additional disability due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault during the November 2000 abdominal aortic aneurysm surgery. The Veteran's residual disabilities were determined to be reasonably foreseeable.

The Veteran's nephew notified the Board of his death, and as a result, the Board has no jurisdiction to rule on this motion due to the Veteran's death.

The Board has remanded the case due to the need for additional medical examination and records, as well as further consideration of the service connection claim.

The Veteran's claims for service connection for inflammatory bowel disease, colitis, diverticulitis, sigmoid polyps, internal hemorrhoids, and an acquired psychiatric disorder (including PTSD) have all been denied. The Board found that the current disabilities are not related to his military service or herbicide exposure.

The Veteran's appeal is being remanded for additional development of her medical records and a new examination to assess the severity of her right knee disability.

The Veteran withdrew his appeal of the claim for a rating in excess of 30 percent for left distal fibula fracture residuals.

The Veteran did not have qualifying service for the purposes of non-service-connected death pension benefits, and there is no legal basis for her claim. The Board denied the appellant's request for VA non-service-connected death pension benefits.

The Veteran's pension benefits were denied from November 1, 2009 to November 1, 2010 due to his income exceeding the maximum annualized rate (MAPR). However, beginning from November 1, 2010, his eligibility for pension benefits was established as his income fell below the MAPR.

The Board has determined that the appellant's discharge from military service was under dishonorable conditions due to an offense involving moral turpitude and willful and persistent misconduct, resulting in a denial of his claim for VA benefits.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and verifying his exposure to herbicides. A VA examination is also needed to determine the nature and likely etiology of his bilateral leg conditions.