Other conditions decisions — 2017

The Board has reopened the claim regarding whether the appellant's discharge from service under other than honorable conditions is a bar to VA benefits. The Board found that the appellant accepted an undesirable discharge to escape trial by court-martial and engaged in willful and persistent misconduct, resulting in his discharge being considered dishonorable.

The appeal is being remanded for further development, including a radiation dose estimate. The Veteran's death was due to a malignant brain tumor, which may be related to ionizing radiation exposure.

The Veteran's basal cell carcinoma was not incurred in service, manifested within one year of service, and is otherwise not related to service. The claim for service connection has been denied.

The Veteran's income exceeds the maximum annual pension rate, making him ineligible for payment of nonservice-connected pension with special monthly pension based on the need for aid and attendance.

The Veteran's expenses at the Langston House in 2012 are recognized as unreimbursed medical expenses (UMEs) for VA pension purposes and are deductible from countable income.

The Veteran's chronic lymphocytic leukemia, a type of adult leukemia, is found to have been incurred due to contaminated water exposure at Camp Lejeune during his service. As the condition meets the criteria for presumptive service connection under VA regulations, the claim is granted.

The Veteran's reflux esophagitis has been rated at 10 percent, and the service-connected chronic diarrhea is not considered secondary to any other condition.

The Veteran's clothing allowance for the year 2014 is granted because his topical medication prescribed for a service-connected skin disorder causes irreparable damage to his outer garments.

The Board denied the Veteran's claim for service connection for congenital bilateral cataracts, finding that there was no evidence to support a finding of aggravation or any other link between active service and his current condition.

The Veteran's appeal is being remanded due to the need for additional VA examinations and records, including treatment records from his former private provider. The issues of increased rating for right knee patellofemoral pain syndrome and TDIU are also being considered.

The Veteran's esophageal cancer was not manifested in service or within a year following his discharge from active duty, and the preponderance of the evidence is against a finding that it is related to his service. The Board has determined that the esophageal cancer is less likely than not caused by exposure to contaminated water at Camp Lejeune.

The Board has ordered additional development due to the Veteran's failure to appear for a VA examination. The appeal is currently in remand status.

The Board has determined that the appellant and the Veteran were in a valid common law marriage at the time of the Veteran's death, allowing for recognition as his surviving spouse for VA benefits purposes.

The Board denied an earlier effective date for the award of special monthly compensation (SMC) at a higher level, finding that the Veteran was not entitled to this benefit prior to April 22, 2004.

The Board found that the Veteran's myelitis is not due to or a result of in-service herbicide exposure, nor any other occurrence or event related to service. Therefore, service connection for myelitis was denied.

The Veteran's left inguinal hernia has been manifested by subjective complaints of pain in the groin area, but there is no evidence of a current postoperative recurrent inguinal hernia. As such, he does not meet the criteria for a compensable rating under Diagnostic Code 7338.

The Board found that the Veteran's gynecological/menstrual disorder is not related to her service, and thus denied her claim for service connection.

The Veteran's claims for service connection for dental treatment and compensation purposes, diabetes mellitus due to herbicide exposure, and foot disabilities were denied. The Board found that the evidence did not raise a reasonable possibility of establishing the claims.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the severity of his service-connected deep venous thrombosis of the left lower extremity and any associated skin symptoms.

The Veteran's memory loss is not service-connected, as there is no evidence linking his current condition to his military service or any undiagnosed illness.