Other conditions Board decisions

The Board is remanding the issue of whether the severance of service connection for non-Hodgkin's lymphoma was proper, due to a duty-to-assist error regarding herbicide exposure in Guam. The Veteran served in the Republic of Vietnam and claims he was exposed there from 1975.

The Board has remanded the Veteran's claims for additional development, including scheduling VA examinations to address his claimed disabilities and determining their etiology.

The Board has granted service connection for soft tissue sarcoma of the right leg, amputation of the right leg as secondary to service-connected right leg amputation, and right hand numbness as secondary to service-connected right leg amputation. The decision is based on presumptive exposure to herbicide agents during service in Vietnam.

The Board denied the Veteran's claim for service connection for an eye disorder, finding that there was no evidence of a current disability and insufficient medical evidence linking any diagnosed condition to service.

The Veteran's appeal is remanded due to the need for updated medical records and a new examination to assess her current disability status.

The Board has remanded the case due to a failure to address whether the duty to assist had been satisfied by the RO, specifically regarding an inadequate medical opinion on the relationship between the Veteran's current recurrent UTIs and her active service.

The Veteran wishes to withdraw from appeal the issues of entitlement to special monthly compensation (SMC) based on the loss of use of the left hand and lower extremities. The Board has dismissed these issues as a result.

The Board found that the Veteran's bilateral loss of vision is not related to his active duty service, as evidence did not show it was incurred or aggravated during service.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for purposes of receiving VA Dependency and Indemnity Compensation (DIC) benefits due to a lack of evidence showing that she was married to the Veteran at the time of his death.

The Board has determined that the Veteran's non-ossifying fibroma of the right tibia, claimed as a right calf disorder, is service-connected and grants this claim.

The Board denied a rating in excess of 10 percent for the Veteran's right Achilles tendon rupture, finding that the disability was characterized by moderate limited motion and no ankylosis or other severe impairment.

The Veteran did not serve during a period of war, so his surviving spouse is not eligible for VA nonservice-connected death pension benefits.

The Veteran's cause of death is due to multiple organ system failure, with the primary cause being osteosclerotic myeloma. The Board finds that the Veteran was exposed to herbicides in service and his osteosclerotic myeloma is related to this exposure. Service connection for the cause of death is granted.

The Veteran's service is not considered qualifying for nonservice-connected pension benefits as he did not serve during a period of war and was discharged due to a pre-existing condition.

The Veteran's death was not caused by any service-connected disability, and there is no evidence of exposure to herbicide agents during his military service. The Board denied the claim for service connection for cause of death.

The Veteran's monocytic leukemia, which was not service-connected, is considered to have contributed to his death. The Board found no evidence that the leukemia was incurred or aggravated during active duty or ACDUTRA.

The appellant is not recognized as the surviving spouse of the Veteran for VA death benefits due to a divorce in 1998 and lack of remarriage.

The Board has remanded the claim for a right leg disability due to incomplete compliance with previous instructions, specifically failing to obtain an Acceptable Clinical Evidence (ACE) opinion as directed.

The Veteran's claim for an earlier effective date for his grant of additional dependency compensation is denied as there is no dispute over the relevant facts and the law does not allow for an earlier effective date.

Effective February 1, 2012, the Veteran is granted a 100% rating for vascular neurocognitive disorder with behavioral disturbances and SMC based on need for aid and attendance of another person. The issue of entitlement to higher ratings for other service-connected conditions remains pending.