Other conditions decisions — 2018

The Veteran's claim for service connection for duodenal ulcer was denied due to lack of evidence at discharge. The claim for hiatal hernia with esophagogastritis is granted as the Board finds it related to his in-service diagnosis.

The Board dismissed the claim for Dependents' Educational Assistance (DEA) benefits as moot because the appellant is no longer the Veteran's spouse.

The Board has decided that the Veteran's nonservice-connected pension was stopped effective February 1, 2014. The Veteran submitted a Medical Expense Report for January to August 2014 but may have missed some expenses. The Board is remanding the case to request all unreimbursed medical expenses from February 1, 2014 to February 1, 2015.

The Board has granted service connection for the Veteran's bilateral foot disorder, finding that his symptoms began during active service and resolving all reasonable doubt in his favor.

The Board has determined that the Veteran's myelodysplastic syndrome is related to his in-service herbicide exposure, specifically Agent Orange. As such, service connection for this condition is granted.

The Board has reopened the Veteran's claims for service connection for right thumb and right elbow disabilities due to new evidence received since the final decisions. However, these claims are still pending as further development is required.

The Board has reopened the Veteran's claim for service connection of residuals of a left little finger disability due to new and material evidence. The claim is granted as the Veteran experienced chronic symptoms in service and continuous symptoms since separation, meeting the criteria for presumptive service connection.

The Board denied recognition of the appellant as the surviving spouse of the Veteran for VA benefits purposes due to a lack of continuous cohabitation from their marriage until his death, and because there was no evidence supporting her claim that they were living together despite being separated.

The Board has remanded the case for a medical examination to determine if the Veteran's current back disability is related to his in-service fall off a military vehicle, which caused him to develop degenerative changes of the discs and vertebrae, and other chronic back disabilities.

The Board has remanded the claims for service connection for the cause of the Veteran’s death and entitlement to death pension benefits due to incomplete information. The appellant's spouse seeks compensation for her husband's service-connected disabilities contributing to his death from aspiration pneumonia and dementia.

The Board has remanded two issues related to the Veteran's service-connected right and left foot disabilities due to outstanding treatment records. The Veteran needs to provide authorization for private orthopedist records from 2014-2016, as well as updated VA treatment records since March 2018.

The Board has remanded two issues related to the Veteran's service-connected right and left foot disabilities due to outstanding treatment records. The Veteran needs to provide authorization for private orthopedist records from 2014-2016, as well as updated VA treatment records since March 2018.

The Veteran's residuals of left elbow dislocation with flexion contracture are currently rated at 30 percent, and the Board finds no basis to grant a higher rating.

The Board found that the Veteran's termination of nonservice-connected pension benefits due to incarceration was proper as he was incarcerated for more than 60 days.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current psychological disorder is related to his service. The Veteran will need to provide more details and possibly undergo a VA examination.

The Board denied service connection for esophageal and prostate disabilities, finding that the Veteran's conditions were not related to his military service or exposure to herbicide agents.

The Veteran's right eye disability is being remanded for a more contemporaneous VA examination and clarification of whether it initially manifested in service or is related to his service.

The Board has remanded the Veteran's claims for service connection for lower back and left triceps injuries due to a lack of VA examination. The Veteran must provide updated VA medical records, identify any pertinent private treatment records, and submit lay statements from himself and others who have first-hand knowledge of his claimed disabilities.

The Veteran died in January 2014 and was buried in a private cemetery. The VA determined that the criteria for nonservice-connected burial benefits have not been met, thus denying the claim.

The Board has remanded both claims due to procedural issues and the inextricably intertwined nature of the service connection for cancer of the sinus and hard palate and the cause of death.