Other conditions decisions — 2016

The Board is remanding the claim to determine if the Veteran's military service caused or contributed substantially or materially to his death from cardiac arrhythmia due to electrolyte dysfunction, specifically related to his alleged exposure to Lindane while treating for lice.

The Board has determined that the cause of death was not service-connected, and therefore denied the claim for service connection for the cause of death.

The VA treatment for peri-rectal abscesses and subsequent surgeries did not result in additional disability due to fault on the part of VA, as the complications were expected and disclosed.

The Board found that the Veteran's discharge from service was dishonorable due to a court-martial sentence, and thus his eligibility for VA benefits is barred.

The Veteran's claim for an earlier effective date for additional benefits due to his daughter pursuing a course of instruction at an educational institution approved by VA lacks legal merit as the required claim was not filed within one year of her 18th birthday.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining a VA examination and issuing a Statement of the Case (SOC).

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his right thumb injury and nephrology condition, including the frequency of colic attacks. The case will be readjudicated after these actions.

The Veteran's National Guard service is not considered active service during a period of war, and therefore he does not meet the eligibility criteria for non-service connected pension benefits.

The Board has determined that additional development is needed to determine the current nature and severity of the Veteran's service-connected non-Hodgkin's lymphoma, including whether it is an active disease or during a treatment phase. The case will be remanded for these purposes.

The Veteran is seeking Chapter 33 (Post-9/11 GI Bill) education benefits for coursework completed more than one year prior to his October 2013 date of claim. The Board finds he has no legal entitlement to such benefits as the effective date must be based on the date of claim, and there does not appear to be any dispute regarding the Veteran's eligibility for benefits during the period in question.

The Board has determined that the effective date for DIC should be changed from October 1, 2003 to September 1, 2003 due to clear and unmistakable error in the original decision.

The Veteran is entitled to education housing payments for the period from December 16, 2013, through February 20, 2014.

The Board denied reopening the claim for chronic liver disease due to lack of new and material evidence.

The Veteran's appeal is denied as he does not meet the eligibility criteria for VA educational assistance benefits under Chapter 30 (Montgomery GI Bill or MGIB) due to his discharge being due to alcohol rehabilitation failure.

The Board has determined that the Veteran's malignant brain cancer was caused by exposure to herbicides and asbestos during service, leading to a grant of DIC based on service connection for the cause of death.

The Board denied service connection for breast cancer and non-Hodgkin's lymphoma, finding that the evidence did not support a link to exposure at Camp Lejeune.

The Board finds that the Veteran's retinopathy is not caused or aggravated by his service-connected diabetes mellitus.

The Board has remanded the cases due to scheduling issues for a third hearing before a different Veterans Law Judge.

The Veteran's right foot disability has been evaluated as a single condition, and the current rating of 10 percent is deemed appropriate given his symptoms.

The Board denied the Veteran's claim for service connection for myasthenia gravis, finding that there was no evidence linking his condition to his active duty or ionizing radiation exposure. The preponderance of the evidence did not support a grant of service connection.