Other conditions decisions — 2017

The Board has determined that the appellant forfeited all rights, claims and benefits to which she might otherwise be entitled under the laws administered by VA (except laws pertaining to insurance benefits) due to fraud. As a result, the appeal is dismissed.

The Board has determined that the Veteran's colorectal cancer and bilateral eye disorder are related to his active duty service, including exposure to asbestos. As such, these claims for service connection have been granted.

The Board has determined that the Veteran's death is not service-connected, as there is no evidence to support a connection between his service-connected head trauma residuals and his cause of death.

The Board has ordered the VA to request an updated financial status report from the Veteran and then re-adjudicate the issues on appeal, considering the reduced overpayment amount of $11,541.90.

The Veteran's right little finger disability, characterized by subluxation of the PIP joint with degenerative changes and swan-neck deformity, is currently rated at 10 percent under DCs 5003-5010. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or unfavorable limitation of motion.

The Veteran's appeal is being remanded for additional development to ensure that his service-connected foot disabilities are properly evaluated and considered in the context of his TDIU claim.

The Veteran's claims for service connection for a spinal cord condition, an initial disability rating in excess of 70 percent for a psychotic disorder due to another medical condition, and an earlier effective date for basic eligibility to Dependents' Educational Assistance (DEA) were denied. The Veteran's claim for service connection for a spinal cord condition was not reopened as new and material evidence had not been received.

The Veteran's claim for an increased rating in excess of 10 percent for his residuals of a right hand fracture of the 4th and 5th metacarpals is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the etiology of the Veteran's TMJ and any related nerve damage. The appeal will be returned to the AOJ for further development.

The Veteran requested to withdraw his appeal due to the denial of service connection for a psychiatric disability, and the Board has dismissed the appeal as a result.

The Veteran's throat cancer is being remanded for a VA examination to determine if it is related to his service, specifically his exposure to herbicides. Additional treatment records are also needed.

The Board has determined that the appellant qualifies as the Veteran's surviving spouse for purposes of VA death benefits, given her continuous cohabitation with the Veteran and lack of knowledge about his current marriage.

The Board denied the Veteran's claim for an earlier effective date for reinstatement of nonservice-connected pension benefits, finding that VA properly terminated and later reinstated his pension benefits in August 2010 and April 1, 2012 respectively. The decision also noted that there was no evidence indicating the Veteran was incompetent at the time of termination.

The Board has remanded the case for additional development, including obtaining income information and determining if the Veteran exceeded poverty threshold for one person in each year from 2012 to present. The TDIU appeal will be readjudicated based on this new information.

The Veteran died due to probable cardiac asystole, coronary insufficiency, coronary arteriosclerosis, and chronic obstructive lung disease. The cause of death is not service-connected.,The appellant's claim for DIC under 38 U.S.C. § 1318 was denied because the Veteran did not meet the criteria for entitlement to benefits.

The Veteran's dystrophic left hallux nail is rated as mild and does not meet the criteria for a compensable evaluation.

The Board found that the Veteran does not have a current respiratory disorder or lung nodules, and thus denied his claim for service connection.

The Veteran's condition had stabilized on March 21, 2016. The VA Hospital in Mountain Home, Tennessee was within 35 miles and capable of accepting the transfer. Therefore, reimbursement for unauthorized medical expenses incurred after his condition stabilized is denied.

The Board denied the appellant's claims for recognition as the Veteran's surviving spouse and entitlement to accrued benefits due to lack of timely filing after the Veteran's death.

The Veteran's ulcerative colitis is currently evaluated as 30 percent disabling, and the Board finds that this level of disability does not warrant a higher evaluation.