Other conditions decisions — 2016

The Board has determined that the Veteran does not have a currently diagnosed laceration injury residual disability of the right index finger, and thus service connection for this condition is denied.

The Veteran's appeal is being remanded due to the need for further development and adjudication of his claims, including a determination on whether the overpayment was properly created.

The appeal has been dismissed due to the death of the appellant.

The Veteran's marriage to the appellant did not meet the requirements for death pension benefits as there was no valid or attempted marriage deemed valid one year prior to the Veteran's death, and therefore the appellant is not considered a surviving spouse.

The Veteran's appeal is being remanded due to an outstanding hearing request. The case will be returned to the AOJ for arranging a videoconference hearing at the closest, most convenient location to him that is equipped to host such a hearing with the Board.

The Board denied the appellant's claim to reopen her legal entitlement to VA death benefits because the new evidence does not show that her deceased spouse had qualifying military service for such benefits.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has restored service connection for ADHD, finding that the original decision granting it was not clearly and unmistakably erroneous.

The Board denied reopening the claims for service connection for spine and head injuries, as new and material evidence was not provided. The claim for an earlier effective date for tinnitus is granted but the effective date remains June 20, 2012.

The Veteran's claim for payment or reimbursement of medical expenses incurred at SGHS on January 20, 2013 was timely filed. The Board found that the claim was timely based on the fact that it was received within 90 days of the treatment date.

The Board has determined that the Veteran's discharge for the period of service from October 2, 1981 to May 20, 1986 was under dishonorable conditions. The appeal regarding service connection for various disabilities is denied as his misconduct did not meet the criteria for a minor offense.

The Board found that the Veteran's gastrointestinal disorder, including ulcer, was not incurred in or aggravated by service and denied the claim.

The Board has remanded the case due to insufficient examination and opinion regarding the etiology of the Veteran's left mandible disability, including whether it is related to service. The Veteran will be provided another opportunity to provide private or VA treatment records and a new VA examination will be scheduled.

The Veteran was found to have a personality disorder during service and separated on that basis. The claim for an acquired psychiatric disorder is denied as there is no evidence of such a condition in service or post-service, and the preponderance of the evidence does not support a finding of service connection.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the Veteran's esophageal cancer and its relationship to his in-service herbicide exposure, as well as any other cancers he may have suffered from.

The appeal is being remanded due to the need for further development, specifically regarding whether the Veteran's discharge from active duty service was due to his service-connected right hip disability.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's androgenic alopecia was incurred in service, and grants service connection for this condition.

The Veteran's discharge from active service was due to a service-connected disability, specifically his bilateral calcaneous fractures and L5 burst fracture without nerve damage. Therefore, he is eligible for an educational assistance benefits rate of 100 percent under Chapter 33 of Title 38 of the United States Code (Post-9/11 GI Bill).

The Board found no current residuals of shingles and concluded that the Veteran does not meet the criteria for service connection.

The Board denied the Veteran's claims for service connection for dental malocclusion and sleep apnea, finding that the preexisting conditions did not worsen during service or were otherwise aggravated.