Other conditions decisions — 2020

The Veteran's claim for a compensable rating for his left foot hammertoe deformity is granted, with the maximum allowable rating of 10 percent.

The Veteran's claims for service connection for a back condition, neck condition, and pituitary adenoma are being referred to the RO. The Board finds that additional evidence is needed regarding radiation exposure and potential asbestos exposure during service. A VA medical opinion will also be obtained to determine if the Veteran’s pituitary adenoma and residuals are related to service exposures.

The Board has remanded the case for a VA examination and opinion regarding the etiology of the Veteran's cutaneous neuroendocrine carcinoma, which is presumed to be due to exposure to herbicide agents in service. The Veteran seeks service connection for this condition.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's bladder cancer was caused by his presumed exposure to herbicides during service, and thus grants service connection for the cause of death.

The Veteran's death occurred before the eligibility criteria for a government-furnished headstone or grave marker were established, and thus he is not eligible for such benefits.

The Board denied the claim for recognition as the Veteran's surviving spouse due to a lack of clear and convincing evidence that the Veteran and the Appellant had a common law marriage in Oklahoma.

The Board has decided to remand three issues related to the Veteran's foot conditions, including post-operative osteotomy for bunionette, left fifth toe with callus formations (porokeratosis) and metatarsalgia, porokeratosis with metatarsalgia (claimed as right foot condition), and left foot arthritis. The decision is based on the need for additional medical records to be obtained.

The Veteran withdrew their appeal, and the Board has dismissed it.

The Board has dismissed the appeal due to the Veteran's death, and no further action can be taken on this matter.

The Board denied the Veteran's claim for service connection for a respiratory disability, finding no chronic respiratory condition existed during or after active duty.

The Board granted service connection for the cause of the Veteran's death with an effective date of September 1, 2002. This decision is based on a claim filed by the appellant within one year of the Veteran's death.

The Board has determined that the matter is not ripe for appellate review due to procedural issues, and it is being remanded for further action.

The Veteran's death claim for DIC benefits as the surviving child of his spouse is remanded due to insufficient evidence regarding the appellant's relationship to the Veteran.

The Veteran's claim for service connection for a lung condition was denied in February 2013 and remained final. The Appellant did not file a timely notice of disagreement or new and material evidence within one year following notification of the May 2014 decision regarding untimeliness, making the February 2013 rating decision final. As such, no accrued benefits are payable.

The Board denied the Veteran's claim for an earlier effective date for additional compensation benefits due to dependents, finding that the Veteran did not file his dependency claim within one year of notification of his initial award. The decision also noted that mentioning dependents during a VA examination does not satisfy regulatory requirements for establishing dependency.

The Board has determined that the Veteran's pancreatic cancer is at least as likely as not caused by his in-service exposure to herbicide agents, specifically Agent Orange. As a result, service connection for pancreatic cancer is granted.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied his claim for service connection for cause of death due to Creutzfeldt-Jakob disease.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's diverticulitis is related to his active duty service or secondary to his service-connected fibromyalgia.

The appeal was dismissed due to the death of the appellant.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill was denied because his period of eligibility expired on October 1, 2017. The Veteran did not apply until February 22, 2018, which was after the expiration date.