Other conditions decisions — 2019

The Veteran's appeal regarding service connection for a left foot condition as secondary to his right great toe gunshot wound residuals and an evaluation in excess of 10 percent for the right great toe gunshot wound residuals has been dismissed due to the Veteran's death.

The Veteran's appeal is being remanded to obtain his complete service personnel records, specifically for the periods of June 15, 2011 to June 14, 2012, June 15, 2012 to June 14, 2013, and June 14, 2013 to March 28, 2014. The Veteran's service for these periods is unclear due to incomplete records.

The Veteran's death made the apportionment claim moot, and thus it is dismissed.

The Veteran's income exceeds the maximum annual pension rate (MAPR) for a veteran with no dependents, making him ineligible for nonservice-connected pension benefits.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's pancreatic cancer was caused by his in-service exposure to Agent Orange. The claim for service connection is pending.

The Board denied service connection for a liver disability and a lung disability, finding no in-service incurrence or aggravation of these conditions. The Veteran's current disabilities were not related to his military service.

The Veteran withdrew his appeal regarding the evaluation for amputation of the second and fourth toes on his right foot.

The Veteran's request for an earlier effective date of January 18, 2014 (the date of his marriage) for the increase in his dependency benefits allowance is denied because VA did not receive notice of the event within a year.

The Veteran's income exceeded the maximum allowable pension rate, thus denying his claim for nonservice-connected pension benefits.

The Board has remanded the Veteran's claims for service connection for an infectious disease of unknown origin due to Agent Orange and for a higher evaluation for his bilateral hearing loss disability. The Veteran must undergo VA examinations to determine if he has a chronic infectious disease related to service, including exposure to Agent Orange, and the severity of his current hearing loss.

The Veteran died from cerebrovascular disease and vascular dementia. The Board denied service connection for cause of death as there was no evidence that the conditions were caused by or resulted from his active military service.

The Veteran's application to reopen a claim of service connection for lymphocytic lymphoma, including Hodgkin and non-Hodgkin lymphoma, was granted. The right toe disability and TDIU claims were dismissed.,The Veteran's claims for service connection for lymphoma (Hodgkin and non-Hodgkin) and erectile dysfunction are being remanded.

The Veteran's paroxysmal atrial fibrillation has been manifested by no more than four episodes per year, as documented by ECG or Holter monitor. The Board denied an initial rating in excess of 10 percent.

The Board has granted an effective date of August [redacted], 2012, for the addition of the Veteran's dependent son to his award. The Veteran contends that he reported his son’s existence to VA on this date.

The Board denied service connection for the cause of the Veteran's death and esophageal cancer, finding that there was no evidence linking these conditions to his military service.

The Veteran's claim for Chapter 1606 kicker payments under the Post-9/11 GI Bill (Chapter 33) was denied as he did not make an irrevocable election to relinquish eligibility under Chapter 1606 in accordance with the provisions of § 21.9520(c).

The Veteran's claim for reimbursement of unauthorized medical expenses incurred during a non-VA hospitalization on February 24, 2012 was denied because the care provided was not in response to an emergency and VA facilities were feasibly available.

The Veteran's multiple myeloma is presumed to be due to herbicide exposure during service, and the claim for service connection is granted.

The Board has determined that a VA examination is necessary to address whether the appellant has a diagnosis of spina bifida, other than spina bifida occulta. The examiner must also provide a copy of the appellant's birth certificate.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA benefits purposes, finding that she did not meet the regulatory definition of a surviving spouse due to her separation from the Veteran due to violence.