Other conditions decisions — 2016

The Veteran's unauthorized medical expenses incurred at Memorial Hospital from August 27-29, 2009 are now covered by the VA as he was not stabilized prior to his discharge on August 29, 2009.

The Veteran is seeking service connection for peripheral vascular disease (PVD) that he claims is related to his service-connected coronary artery disease (CAD). The Board has determined that additional development, including obtaining records from the Social Security Administration and an addendum opinion regarding the etiology of PVD, is necessary.

The Board has remanded the case for adjudication of a claim of clear and unmistakable error (CUE) in the May 1980 rating decision, prior to again considering the earlier effective date claim.

The Board denied the appellant's claim for payment of Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for home school attendance at Lincoln Academy because the school was not approved by an SAA of jurisdiction.

The Veteran's death was not due to a service-connected disability, and the appellant is not in need of aid and attendance or housebound. Therefore, her DIC benefits remain at $1,154 per month.

The appellant is not recognized as the Veteran's surviving spouse for VA death benefits due to a lack of valid marriage and continuous cohabitation.

The Board found that the termination of the Veteran's pension benefits effective December 1, 2011 was improper and reinstated his benefits.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling VA examinations, and readjudicating the service connection issues.

The Veteran's claim for an increased rating for his service-connected penile adhesion was denied, and the issue of entitlement to a TDIU was also denied. The Veteran's current condition is characterized by removal of three quarters of the penis.

The Board has granted service connection for breast cancer and rectal cancer, both related to exposure to herbicides during service. The Veteran's digestive disorder is presumed to be secondary to his treatment for cancer, while his peripheral neuropathy of the upper and lower extremities may also be related to his cancer treatment or diabetes mellitus.

The Board denied the Veteran's claims for initial compensable rating for residuals of a right eye cyst, post lancing prior to November 13, 2014 and for an initial rating in excess of 30 percent for blepharitis and nasolacrimal duct obstruction of the right eye from November 13, 2014. The Veteran's service-connected conditions were rated based on their direct effects without any presumption or secondary linkage.

The Board denied reopening the claim of entitlement to service connection for the cause of the Veteran's death due to lack of new and material evidence, despite a previous denial in December 2002. The appellant submitted additional evidence but it was not considered by the RO or DRO.

The Board has remanded the issues of entitlement to service connection for left and right eye disorders due to additional development being required.

The Veteran's prostate disorder is not related to service, specifically his exposure to Agent Orange. Prior to October 22, 2015, the Veteran's PTSD with depressive disorder was manifested by chronic sleep impairment and anxiety but did not meet criteria for a higher rating. On and after October 22, 2015, the Veteran's PTSD met criteria for a 50 percent disability rating.

The Veteran died during the appeal process, and therefore the Board has no jurisdiction to adjudicate the merits of his claim for service connection for the cause of death.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for a right foot disorder, including metatarsalgia and hallux valgus. The remand includes obtaining additional VA treatment records, seeking an addendum opinion from a VA examiner, and considering the Veteran's lay statements regarding continuity of right foot pain since service.

The VA determined that the Veteran's fatal pancreatic cancer was not caused or contributed to by his military service, including exposure to herbicides in Vietnam. The Board found no evidence of a causal relationship between the Veteran's service and his death.

The Board has remanded the case for additional development, including obtaining a new VA examination and opinion regarding the etiology of the Veteran's thoracic tumor. The claim will be returned to the Board after this is completed.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of hidradenitis suppurativa and consideration of TDIU. The case will be returned to the Board after further action.

The Board denied the Appellant's claim for a special apportionment of the Veteran's non-service-connected disability pension because no timely notice of disagreement was filed in response to the July 2008 decision.