Other conditions decisions — 2017

The Veteran's claim for TDIU was denied as he failed to provide the requested information regarding his employment status.

The Veteran's large B-cell non-Hodgkin's lymphoma may be related to herbicide exposure, but the RO failed to verify if his work at Task Force Alpha Radio facility was near or on the perimeter fence of RTAFB in 1971-1972. The case is REMANDED for further development.

The Veteran seeks service connection for non-Hodgkin's lymphoma, including spleen removal, as a result of exposure to herbicides in Vietnam. The case is being remanded due to conflicting statements about the Veteran's exposure and further verification is needed.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and SSA records, scheduling a VA psychiatric examination, and readjudicating the claims.

The Board has granted service connection for the cause of the Veteran's death due to his fatal pancreatic cancer, which is linked to his presumed exposure to Agent Orange during active duty.

The Board has granted service connection for esophageal cancer and the cause of death due to esophageal cancer, finding that there is at least equipoise evidence in favor of a link between the Veteran's condition and his military service. The claim was reopened based on new medical evidence.

The Board has remanded the case for further development due to incomplete medical records, which could establish need for pension benefits prior to the date of service connection. The appellant is given a year from the date of notice to provide this evidence.

The appeal for accrued benefits has been dismissed as the appellant did not file a Substantive Appeal.

The Board denied the appellant's claim for recognition as a helpless child of the Veteran due to her valid marriage, which was not annulled or terminated prior to November 1, 1990. The decision is based on legal grounds and the absence of legal merit.

The Board denied a request for an earlier effective date for the award of service connection for the cause of the Veteran's death, finding that the appellant did not meet legal criteria due to her failure to file a claim within one year of the Veteran's death.

The Board has determined that the appellant's service with the Commonwealth Army of the Philippines, including recognized guerrillas, is not considered active military service for VA benefits purposes. The AOJ should clarify whether the appellant did serve as a member of the Philippine Commonwealth Army and explain why such service does not confer legal entitlement to VA benefits.

The Veteran's unauthorized medical expenses incurred at St. Peter's Hospital on October 1, 2009 are denied as the treatment was not rendered in an emergency and did not meet the criteria for payment or reimbursement under VA regulations.

The Veteran's claim for VA compensation for the residuals of bilateral breast liposuction and abdominoplasty, also claimed as hernia surgery, is denied because there is no evidence that the condition resulted from carelessness, negligence, lack of proper skill, or error in judgment on the part of VA.

The Board denied the Veteran's claims of entitlement to service connection for lung disorder (bronchitis and residuals of pneumonia) and pleural pericarditis. The Board also found that no new and material evidence had been submitted to reopen his claim for organic heart disease.

The Board is remanding the case to obtain clarification on whether the Veteran's hysterectomy was performed as part of her ongoing attempt to alleviate her pelvic pain, and to provide a medical opinion regarding the likely cause of her hysterectomy.

The Board has remanded the case for further development to determine if the Veteran violated a condition of his probation and whether he requested a waiver of the overpayment debt.

The Board has determined that the reduction of the Veteran's VA compensation benefits to 10 percent due to his incarceration was proper.

The Board found that the Veteran's death was not caused by any service-connected disability, and denied both his claim for service connection for the cause of death and his claim under 38 U.S.C.A. § 1151 for the cause of death.

The Board denied the appellant's claim for VA death benefits because her deceased husband did not have qualifying service to be eligible for such benefits.

The Board has remanded the case for additional development, including obtaining a new VA examination and providing clarification on certain opinions provided in the February 2016 VA examinations.