Other conditions decisions — 2016

The Veteran's appeal is being remanded due to his death, and the case will be reviewed again by the RO. If substitution of claimant is allowed for the surviving spouse, additional VA or private medical records related to the Veteran's final illness should be obtained.

The Board denied the appellant's application to reopen her previously denied claim for VA death benefits, finding that new and material evidence had not been received. The decision is based on the fact that the service department could not verify her husband's qualifying military service.

The Board found the Veteran's substantive appeal was not timely filed, and therefore denied his appeal.

The Board has determined that the Veteran's service-connected herpes simplex II virus requires constant or near-constant use of oral systemic anti-viral immunosuppressive drug therapy, warranting a 60 percent disability rating.

The Veteran's claim for an effective date earlier than July 31, 2006 for the award of TDIU was denied as there is no evidence that he was unable to secure and follow substantially gainful employment due to his service-connected disabilities prior to this date.

The Veteran's AML is found to be due to his Vietnam service and the Board grants service connection for AML.

The Veteran received emergency medical care for a severe blood clot in his right leg at a non-VA hospital due to the unavailability of VA facilities. The Board found that it was reasonable and necessary for the Veteran to seek treatment at the nearest available facility, which was the non-VA Mercy Hospital Anderson.

The Board denied the appellant's request to extend her benefits under the Post-9/11 GI Bill beyond her 26th birthday, as per the regulation that requires transferred educational benefits not be paid beyond a child's 26th birthday.

The Board found that the Veteran's claimed respiratory disability and teeth condition were not service-connected due to lack of evidence showing a link between his current conditions and his military service.

The Veteran's claim for educational benefits under the Post-9/11 GI Bill has been granted and is no longer pending.

The Veteran does not have residuals of an abdominal abscess, status post appendectomy due to his service. His claim for service connection is denied.

The Veteran's appeal has been dismissed because the appellant died during the pendency of the appeal and thus the Board does not have jurisdiction to adjudicate the case.

The Veteran's tonsillar squamous cell carcinoma with metastasis is presumed to be related to his exposure to Agent Orange during service. The Board finds that the Veteran meets the criteria for a 70 percent rating for PTSD, effective from April 12, 2013, and grants a TDIU rating prior to February 25, 2010.

The Board granted the requested increased rating for right foot hallux valgus prior to October 29, 2010. The request for extension of the temporary total disability rating was also granted.

The Board has determined that there is no evidence of a current skin or lung condition related to service or herbicide exposure, and thus denied the Veteran's claims for service connection.

The Board has determined that the Veteran's vision disability was caused by his service-connected diabetes and CVA, but denied service connection for a disability of the left upper extremity as there is no evidence showing it was related to his service-connected conditions.

The Veteran's disability of bilateral fractured mandibles was rated at 20 percent from September 13, 2012 onwards. Prior to that date, the disability did not meet criteria for a compensable rating.

The Veteran's claim for an earlier effective date for a 20 percent disability rating for neurological deficits in the right lower extremity was denied as it is not factually ascertainable that he suffered an increase in severity to a moderately severe level of neurological deficits prior to December 23, 2013.

The Veteran's residuals of pneumonia, status post bilateral chest tube intubations, have not met the criteria for a compensable rating at any point during the appeal period.

The Veteran's diagnosed actinic keratosis and basal cell carcinoma are etiologically related to his active service. The Board finds that there is sufficient evidence to establish direct service connection for the actinic keratosis and basal cell disabilities.