Other conditions decisions — 2022

The Board has determined that the Veteran's esophageal cancer is related to his service, specifically his exposure to formaldehyde during autopsies and pipetting. As a result, service connection for esophageal cancer is granted.

The Board has decided to remand the Veteran's claim for adenocarcinoma of the colon within tubulovillous adenoma with invasion into but not through muscularis propria status post colon resection due to incomplete records and requests for additional information.

The Veteran withdrew his appeal, and the Board dismissed it due to lack of allegations for appellate consideration.

The Board has remanded the case for further development due to inadequate medical opinion regarding whether the Veteran's additional disabilities were caused by an event not reasonably foreseeable as a result of undergoing an esophagectomy.

The Veteran's cause of death was attributed to cardiac arrest, liver failure, and colon cancer. The VA determined that the colon cancer did not manifest within one year of separation from service or due to in-service herbicide exposure. The Board found no evidence linking the other causes of death (cardiac arrest and liver failure) to service.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for VA benefits, including death pension and DIC benefits. The appellant was not married to the Veteran at the time of his death.

The Veteran's claim for a rating in excess of 10 percent for his right foot disability prior to March 8, 2021, was denied. A 30 percent rating was granted beginning March 8, 2021, and any higher rating is denied thereafter.

The Board has found that the previous VA opinions were inadequate and requires a new medical opinion to determine if the Veteran's glioblastoma was related to his herbicide agent exposure during active service.

The Veteran's overpayment of VA compensation benefits due to concurrent receipt of drill pay during fiscal years 2009, 2011, 2012 and 2013 is being remanded for further development including obtaining a financial status report from the Veteran and an audit related to the overpayment.

The Veteran's service connection claims for left and right foot conditions are being remanded due to the need for a new examination and opinion.

The Board has granted the Veteran's petition to reopen his claim for compensation under 38 U.S.C. § 1151 for Stevens-Johnson syndrome, but has also remanded the case due to the need for a VA medical opinion regarding whether the Veteran's allergic reaction that caused his condition was reasonably foreseeable.

The Veteran's claim for reimbursement of medical expenses incurred at CRMC was denied because the claims were not filed within the required 90 days after discharge, despite his untimely submission.

The Board denied the Veteran's claim for service connection for dental trauma, loss of teeth # 24, 25, and 26, finding that there was no evidence of loss of substance of the mandible resulting from in-service trauma. The Veteran's teeth were replaced with a full denture.

The Board has determined that the appellant's claim for recognition as the Veteran's surviving spouse is a simultaneously contested claim and requires additional development, including obtaining divorce records from the Miami Superior Court and VA treatment records. The appeal will be remanded to allow for these developments.

The Board denied service connection for a left arm disorder due to the Veteran's failure, without good cause, to report for a VA examination.

The Veteran's appeal for an increased rating of his postherpetic neuralgia of the left upper extremity and TDIU is remanded due to incomplete development as directed in a previous Board decision.

The Board has remanded the appellant's claim for accrued benefits, specifically reimbursement of the expense of last sickness and burial. The AOJ must consider evidence submitted by the appellant regarding payment of $4111.00 in personal funds claimed to be for her mother's funeral.

The Board has decided to remand the Veteran's claims for service connection and TDIU due to incomplete development, specifically regarding scheduling of a VA examination. The Veteran is required to be provided with another opportunity to attend such an examination.

The Veteran's perirectal infection on February 10, 2013 was considered a medical emergency due to his symptoms of fever, tachycardia, and drop in blood pressure. The nearest VA facility was not feasibly available during the emergency, and an attempt to use one beforehand would not have been reasonable by a prudent layperson. Therefore, payment or reimbursement for the medical expenses incurred at CRMC is granted.

The Veteran's appeal has been dismissed due to their death, and the claim is no longer under jurisdiction.