Other conditions decisions — 2016

The Veteran's claim for an annual clothing allowance is being remanded due to the need for a Travel Board hearing.

The Board has determined that the Veteran's current left hip disorders, including arthritis and avascular necrosis (AVN), are not related to his service. The evidence does not show a nexus between any in-service complaints of hip contractures and the current diagnoses.

The Board denied the Appellant's claim for benefits under 38 U.S.C.A. § 1805 as he does not experience spina bifida, which is required to qualify.

The Veteran's claims for service connection of right and left leg disorders are being remanded due to insufficient examination findings. A new VA examination is needed to determine the nature and etiology of any such disorders, including whether they are related to active service or a service-connected disability.

The Veteran's unauthorized private medical expenses incurred at a non-VA hospital from November 26, 2012 to November 27, 2012 were not authorized in advance by VA. The claim is denied as the Veteran had insurance coverage for the services provided.

The Board has remanded the case for additional development, including obtaining medical records and clarifying the service-connected left foot condition.

The Veteran's esophageal cancer and its residuals are not service connected as they are presumed to have been caused by herbicide exposure during his Vietnam service. However, the medical evidence does not support a link between his current condition and his in-service exposure.

The Board found that the Veteran's sleep disorder, including mild sleep apnea on REM sleep and insomnia, is not related to his military service.

The Board has determined that the appellant is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund as she does not have qualifying service in the United States Armed Forces.

The Veteran's appeal is being remanded for additional procedural and evidentiary development, including consideration of new evidence added to the record after a November 2015 rating decision. The AOJ must also clarify which disability rating code is more appropriate for his scar of the right upper arm, address the Veteran's assertions regarding the assignment of a 30 percent rating for his headaches since April 22, 2010, and obtain an addendum VA medical opinion to determine the nature and etiology of any current right thigh disorder symptoms.

The Board has granted the appellant's claim for service connection for the cause of the Veteran's death, finding that it was due to asbestos and/or radiation exposure. The appeal is based on new evidence.

The Veteran served for more than 90 days during a period of war, but the appellant's income exceeds the maximum annual pension rate. Therefore, she is not eligible for death pension benefits.

The Veteran died in October 2006 and the appellant filed a claim for nonservice-connected burial benefits more than two years after the Veteran's burial. The appeal is denied as the claim was not filed within the statutory time limit.

The Board denied service connection for cystitis and a rating in excess of 30 percent for herniated surgical scarring, but granted a separate rating for endometriosis. The effective date for the 30 percent rating for herniated surgical scarring was not changed.

The Board has determined that the Veteran's pterygium of the left eye is related to his period of service, while there is no evidence linking his bilateral macular degeneration to his service. The claim for an eye disability other than pterygium of the left eye is denied.

The Board denied service connection for a left eye disability and denied entitlement to TDIU prior to April 16, 2010.

The Board found that the Veteran's skin disability is not related to his service, including exposure to herbicides. The claim for service connection was denied.

The Board found that the Veteran's symptoms during service were not manifestations of poliomyelitis and there was no competent nexus between his in-service symptomatology and post-service poliomyelitis. Therefore, service connection for poliomyelitis is denied.

The Board denied the Veteran's claims for an earlier effective date for service connection of fibroadenoma, left breast and TDIU. The issues regarding right breast rating and initial rating were also addressed.

The Board has remanded this issue for further development, including scheduling a hearing and readjudicating the claim. The case will be returned to the Board if necessary.