Other conditions decisions — 2016

The Board found no evidence of a low back disability during service and denied the claim for service connection.

The Board found that the evidence did not support service connection for emphysema and denied the claim. The issue of an increased rating for laryngeal cancer was remanded but has been closed due to the Veteran's death.

The Board denied the Veteran's claim for service connection for macular degeneration, finding that there was no evidence linking his current condition to service exposure and that the medical opinion provided by Dr. A., while supportive of a possible link, did not meet the required level of probative weight.

The Veteran's appeal is being remanded to schedule a videoconference hearing at the RO in Nashville, Tennessee. The Veteran will be provided with the date, time, and location of the hearing.

The Veteran's service-connected pleural plaques are currently evaluated at 30 percent, but the evidence does not support a higher evaluation as his pulmonary function tests do not meet the criteria for a rating in excess of 30 percent.

The Veteran's appeal is remanded due to the need for a VA examination and updated treatment records.

The Veteran's service-connected stomach problems were denied as there was no medical evidence of current symptoms in the April 2009 Reserve examination, despite reported diarrhea and a colonoscopy showing mild non-specific inflammation.

The Board finds that the overpayment of $3,266 was valid due to the Veteran's failure to notify VA of his divorce and subsequent marriage within a one-year grace period.

The Veteran's death certificate lists the last sickness as a myocardial infarction, which was not borne by Appellant Coulter. Therefore, her application for accrued benefits is denied.

The Veteran's breast cancer and lymph node cancer were not incurred in or aggravated by service, and may not be presumed to have been incurred in or aggravated by service. Therefore, the claims for service connection are denied.

The Veteran's service connection claim for throat cancer, which is presumed due to herbicide exposure in Vietnam, has been granted by the Board of Veterans' Appeals.

The Veteran seeks service connection for squamous cell carcinoma of the pharynx, which he claims is related to his exposure to Agent Orange during his service in Vietnam. The Board has determined that a VA examination and opinion are needed to determine if the cancer developed as a result of Agent Orange exposure.

The Veteran's unauthorized non-VA medical expenses incurred at Baptist Medical Center on April 11, 2011 and June 13-14, 2011 were not authorized by VA prior to the treatment. The appeals are denied as there was no emergency condition requiring immediate care.

The Board has granted service connection for an acquired psychiatric disorder, including PTSD. The claim of entitlement to service connection for lower abdominal pelvic pain is reopened and the Veteran's claim is granted.

The Veteran's appeal is being remanded due to the need for a Board hearing. The issues of service connection and disability rating remain unresolved.

The Veteran's squamous cell carcinoma of the left tonsil is related to his active service, specifically exposure to Agent Orange during his time in Vietnam.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a supplemental opinion regarding secondary service connection for right calf atrophy and weakness. The appeal of the January 2016 rating decision on peripheral neuropathy is held in abeyance.

The Board denied the claims for DIC, VA survivors' death pension benefits, and VA nonservice-connected disability pension benefits due to a lack of basic eligibility as a claimant. The appellant was not considered the surviving spouse of the Veteran at the time of his death.

The Board has ordered additional development to determine if the Veteran was exposed to herbicides during service and whether any causes of death are related to military service or herbicide exposure. The appellant's claim for service connection for the cause of her husband's death is being remanded.