Other conditions decisions — 2016

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of receiving VA DIC benefits, based on continuous cohabitation and lack of fault in separation.

The Veteran did not have qualifying active service during a period of war, and the appellant elected to receive DEA benefits after his 18th birthday. Therefore, he is ineligible for DIC benefits.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if he has chronic upper respiratory infections etiologically related to service.

The Veteran's intervertebral disc syndrome (IVDS) status post laminectomy is currently rated at 60 percent, the maximum schedular rating available. The evidence does not support a higher evaluation as there is no ankylosis of the spine and the disability has not resulted in any incapacitating episodes or unfavorable ankylosis.

The Veteran seeks service connection for a disability manifested by chest pain, including costochondritis. The Board has decided to remand the case due to failure to appear for a VA examination and requests that any outstanding records be obtained.

The Board has determined that the Veteran does not have a current diagnosis of a stomach disability and therefore, service connection for this condition is denied. Additionally, as the Veteran does not have any service-connected disabilities, he is not eligible for special monthly compensation based on need for aid and attendance or housebound status. Finally, the criteria for TDIU are also not met due to the absence of any service-connected disabilities.

The Veteran seeks a higher benefits payment rate for educational assistance under the Post-9/11 GI Bill, arguing that his National Guard service qualifies him for a higher percentage rate than the current 60 percent. The Board finds insufficient clarity in the determinations of record regarding the Veteran's periods of active duty and their classification.

The Veteran's appeal is being remanded for additional development, including new VA examinations to determine the etiology of his bilateral foot disorder and acquired psychiatric disorder.

The Board found that the Veteran's basal cell carcinoma is not related to his active duty service, including exposure to herbicides. The evidence does not show a nexus between the current condition and service.

The Veteran's appeal for a TDIU was dismissed due to his death.

The Board has determined that the Veteran's mandibular prognathism preexisted service and was not aggravated beyond its natural progression during service. Therefore, the claim for service connection is denied.

The Board has determined that the Veteran's current blurred vision and myopia are not related to his active service, including his service in Southwest Asia. The claim for service connection is denied.

The Veteran's cardiomyopathy is found to be proximately due to chemotherapy treatment for his service-connected esophageal cancer, and the Board grants service connection for this condition.

The Board found that the evidence does not support a finding of service connection for hypogonadism, as there is no clear and unmistakable evidence showing pre-existing condition was aggravated by service. The Veteran's current hypogonadism is attributed to stress and other non-service-related factors.

The Veteran's request for reimbursement of transportation costs to and from a medical appointment in July 2016 was denied. The case is REMANDED for the issuance of a Statement of the Case as to this issue.

The Board has denied the Veteran's claims for specially adapted housing and special monthly compensation (SMC) based on aid and attendance/housebound. The decision is final as the Veteran died before he could be found entitled to these benefits.

The Board has found the VA examination inadequate for determining service connection and has ordered a new one to address whether any of the Veteran's current skin conditions (other than already service-connected fungus infection of the feet) had its onset during his active service or is otherwise etiologically related to his active service, including in-service exposure to Agent Orange.

The Board has determined that the Veteran's bilateral hallux valgus with degenerative changes is attributable to service and grants the claim.

The Veteran's claim for service connection for a right knee disability was received on May 22, 2002. The RO denied the claim in August 2003 due to lack of evidence confirming ACDUTRA in August 2000. In January 2010, the Veteran submitted his military orders and VA granted service connection for a right knee disability with an effective date of January 27, 2010. The Board found that the earlier effective date of May 22, 2002 was warranted based on newly discovered official service department records.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.