Other conditions decisions — 2017

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his prostate disability and consideration of his TDIU claim.

The Board is remanding the case for further action, including obtaining post-service upgrade documentation of the Appellant's character of service to 'under honorable conditions'. The claim will be readjudicated based on this new information.

The Veteran's appeal has been dismissed as the Veteran withdrew their appeal prior to a decision being made.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is related to his military service, including exposure to contaminated water at Camp Lejeune.

The Veteran is seeking to establish service connection for residuals of a wound in the left arm. The Board has determined that additional development, including obtaining updated VA treatment records and personnel records, is necessary before this claim can be decided.

The Board found that the appellant's countable income, including deductions for Social Security Administration (SSA) and Teacher Retirement System of Texas (TRS) payments, exceeded the maximum annual pension rate applicable to a surviving spouse entitled to aid and attendance benefits without a dependent child. Therefore, she is not entitled to nonservice-connected death pension benefits.

The Board has determined that the Veteran's back condition, numbness in his left and right legs are all service-connected.

The Board has determined that the Veteran is not entitled to service connection for increased urination and nocturia, nor does he meet the criteria for a compensable disability rating for erectile dysfunction.

The Veteran's claim of cold weather injury residuals of the bilateral lower extremities is dismissed as it was encompassed in the grants of service connection for bilateral lower extremity peripheral neuropathy. The Veteran's bilateral claw toes are not etiologically related to his active service.

The Veteran's left elbow condition was found to be aggravated by service, and he is granted service connection for this condition. The claim of a respiratory disorder remains pending as new evidence has been submitted but the issue of service connection is not decided yet.

The Board has reopened the claim for service connection for a dental disability, but denied it on the merits as there is no evidence of loss of substance of the maxilla or mandible due to trauma or disease. The Veteran's claimed disabilities do not meet the criteria for compensation under VA laws and regulations.

The Board found that the appellant and the Veteran were not married, thus denying her claim for recognition as the surviving spouse of the Veteran for VA benefits.

The Veteran died in October 2013 and was not receiving VA compensation or pension benefits at the time of his death. The appeal is denied as there are no criteria met for non-service-connected burial benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for emergency treatment received at Vanderbilt University Medical Center from April 10, 2013, to April 12, 2013 is denied because a VA facility was feasibly available and an attempt to use the VA facility beforehand would have been considered reasonable by a prudent layperson.

The Board has determined that the Veteran's service-connected right and left foot disorders more nearly approximate severe impairment of both feet, warranting a 30% rating under Diagnostic Code 5284.

The Veteran's claim for SMC based on aid and attendance/housebound is being remanded due to a new theory of entitlement raised by his representative, which involves service connection for dementia secondary to PTSD. The SMC claim will be deferred until the service connection issue can be adjudicated.

The Board found that the value of a trust should not be included in the computation of the Veteran's income for purposes of determining pension eligibility, as it specifically prohibits the use any of the Trust income or principal for the benefit of the Veteran. As such, the Veteran's net worth is not excessive for purposes of eligibility for pension benefits and termination of VA pension benefits was improper.

The Veteran's death did not result in any pending claims for accrued benefits, as the appellant did not file a timely application. The Board finds that there is no legal entitlement to such benefits.

The Veteran's postgastrectomy syndrome with duodenal ulcer, post-operative was found to more nearly approximate severe impairment warranting a 60 percent disability rating.

The Board finds that the Veteran's rectal cancer is likely attributable to his service-related radiation exposure, and grants service connection for this condition.