Other conditions decisions — 2016

The Veteran died from a nonservice-connected condition and was buried in August 2006. The appellant's application for nonservice-connected burial benefits was received more than two years after the Veteran's burial, which is not within the statutory time limit.

The Board has determined that the appellant's request for an extension of her eligibility to receive DEA benefits was timely filed. The underlying issue of whether such a delay is warranted will be remanded for further adjudication by the AOJ, including consideration of all evidence and argument submitted.

The Board denied basic eligibility for VA benefits due to the deceased spouse not having recognized military service under VA law.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is related to service, specifically due to exposure at Camp Lejeune. The claim for service connection is granted.

The Board has decided to remand the case for further development and consideration, including obtaining additional medical opinions and records. The Veteran's claim for service connection for a low back disability is being considered on both merits and reopening.

The Board finds that the Veteran's additional dental disability was caused by VA radiation treatment for thyroid cancer, and it is not reasonably foreseeable. Therefore, compensation under 38 U.S.C. § 1151 is granted.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the Veteran's claims for service connection for a lung disorder, nerve disorder, and residuals of traumatic brain injury due to herbicide exposure. The case is now pending with further development required.

The Veteran's service-connected gastrointestinal disability, which includes stomach cancer that was surgically treated via a near total gastrectomy procedure in January 2010, is entitled to a 100 percent rating for the entire appeal period.

The Board finds that the Veteran is eligible for educational assistance benefits under Chapter 30, Title 38, United States Code based on his honorable discharge as a conscientious objector.

The Board has granted a 60 percent disability rating for gout of the feet and knees, effective from March 17, 2007. The decision is based on severe impairment due to four or more incapacitating flare-ups per year.

The Veteran withdrew his appeal regarding the issues of whether new and material evidence has been received in order to reopen a previously denied claim for service connection for a neck disorder, entitlement to service connection for a left heel disorder, and entitlement to service connection for macular degeneration.

The Veteran's current atrial fibrillation and aortic valve stenosis are etiologically related to his military service, as he was hospitalized for rheumatic fever in service. After affording the Veteran the benefit of the doubt, the Board finds that these conditions are related to his time in service.

The Veteran's appeal is being remanded due to the need for a new VA examination as his service-connected fracture of maxilla and zygomatic arch and maxillary bone may have worsened since the last examination. The case will be returned to the Board after obtaining any relevant treatment records.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for residuals of staph infection of the left lower extremity, which he contends was caused by carelessness or negligence on the part of VA personnel during his treatment. The Board has determined that a remand is necessary to obtain clarification regarding the nature and extent of any additional disability due to the staph infection.

The Veteran's claims for service connection and increased ratings were granted, with the exception of his claim for arthritis of the index finger of the right hand. The left wrist complex regional pain syndrome resulting from VA treatment was found to be due to an event not reasonably foreseeable.

The Veteran's claims for nonservice-connected pension and special monthly pension were denied in a May 2013 rating decision. The case was transferred to the Waco, Texas RO, which scheduled the Veteran for a Board hearing but did not receive his response. The appeal is now REMANDED due to lack of response.

The Veteran withdrew his appeal regarding the claim for a clothing allowance for the year 2010 before the Board could make a decision.

The Board has determined that the appellant is not entitled to recognition as the Veteran's surviving spouse for purposes of VA death benefits due to their divorce at the time of the Veteran's death and lack of evidence of a valid subsequent marriage.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected residuals of shell fragment wounds and right hip disorder.