Other conditions decisions — 2016

The Board has reopened the Veteran's claim for service connection for congestive heart failure, but further development is needed to determine its etiology and relationship to his service-connected conditions.

The Veteran's squamous cell carcinoma of the right base of the tongue is not service connected due to lack of evidence showing it was caused or aggravated by his military service, including presumed exposure to herbicide agents. His residuals are also not service-connected as they do not meet the criteria for presumptive service connection.

The Board has remanded the issues of service connection for insomnia and right foot hallux valgus due to insufficient evidence or further development being required. The rating for bilateral pes planus remains under review.

The Veteran's left eye blindness is currently rated at 30 percent, and the claim for a higher rating has been granted. The TDIU claim was also granted.

The Board has granted service connection for a lung disability, specifically spontaneous pneumothorax, and assigned a zero percent rating.

The Veteran's claims for service connection for right wrist and ulnar nerve disabilities are being remanded as additional development is needed to determine the nature of these conditions and their relationship to active service or service-connected disabilities.

The Board found the appellant's discharge under other than honorable conditions bars him from VA compensation benefits for his period of service from September 2000 to July 2002, but does not bar his eligibility for VA health care.

The Board finds that the Veteran's unauthorized medical expenses incurred at St. Joseph's Medical Center on November 22, 2011, meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1725 due to the emergent nature of his condition and the unavailability of VA facilities.

The Board has determined that the Veteran's cancer of the duodenum, which caused his death in January 1994, was caused by presumed Agent Orange exposure during service. As a result, the appeal for service connection for cause of death is granted.

The Veteran withdrew his appeal regarding the effective date for additional compensation for dependents, M.F. and S.S.F.

The Board has remanded the case for a new VA examination to determine if the Veteran's left hip disorder is related to his military service and whether it is aggravated by his service-connected bilateral knee and lumbar spine disabilities. The case will be returned to the AOJ for readjudication.

The Veteran's claim for a higher rate of payment under the Post-9/11 GI Bill was denied as his creditable service is only 270 days, qualifying him for benefits at the 50% level.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Board has determined that the Appellant cannot be recognized as the Veteran's surviving spouse for VA death benefits purposes due to the existence of a common-law marriage with R.A.S. prior to her death.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for memory loss due to VA-prescribed medication was denied as there is no causal connection between the medications and the Veteran's memory loss.

The Board found that the appellant's character of discharge from his second and final period of service was under conditions other than honorable, which serves as a bar to VA benefits.

The Board denied service connection for non-specific arthritis of multiple joints (also claimed as chronic joint pain) due to lack of evidence linking the condition to service or any presumptive conditions.,Service connection was also denied for chronic muscle pain and burning, with no indication that it is related to service.

The Veteran's initial evaluation for lordosis of the thoracic spine was increased to 40 percent in January 2016. The Board found that his condition did not warrant a higher rating based on functional loss or other criteria.

The Veteran's right elbow condition is currently rated as 10 percent disabling for tendinitis, status post right elbow epicondylitis. The evidence does not support a higher rating based on additional functional loss due to pain or other factors.

The Board found that the Veteran's claimed residuals of a head injury are not related to service and denied his claim.