Other conditions Board decisions

The Board has dismissed the appeal due to the appellant's death, as they have no jurisdiction to adjudicate the merits of this case.

The Board found that the Appellant's character of discharge was under other than honorable conditions due to willful and persistent misconduct, which acts as a bar to VA benefits.

The Board found that the Veteran's brain tissue necrosis is not related to his service, including exposure to ionizing radiation. The claim for service connection was denied.

The Board denied a rating in excess of 10 percent for residuals of a nasal fracture, claimed as a deviated septum, to include on an extraschedular basis.

The Veteran's cause of death, congestive heart failure, was not service-connected as it did not manifest during or within one year after his separation from active duty and there is no evidence linking the condition to his military service.

The Board found that the Veteran's disabilities of deep vein thrombosis, bilateral cellulitis of the legs, and pulmonary embolism were not caused by VA's discontinuation of his Warfarin prescription due to his non-compliance with treatment.

The Board found no additional disability resulting from the September 2008 VA hernia surgery and denied compensation under 38 U.S.C. § 1151.

The Board denied the Veteran's claim for payment of additional VA compensation for a dependent spouse due to insufficient documentation showing his prior marriages and divorces, raising questions about the validity of his marriage to JA.

The Board has decided to remand the claims for service connection for polyuria and TDIU due to insufficient development. The Veteran's claim of service connection for polyuria will be remanded to issue a Statement of the Case, while the TDIU claim requires the Veteran to complete an application form and provide clarification on his employment status.

The Board has granted the Veteran's request to reopen his claim for service connection for an ear disorder, including bilateral otitis media and left ear cholesteatoma. The evidence submitted since the last denial is considered new and material as it relates to a fact necessary to substantiate the claim - that the Veteran currently suffers from these conditions.

The Board has requested an evaluation by a social worker to assess the Veteran's disabilities and their impact on his daily life. Instead, he was examined by a VA nurse who did not address all questions. The case is being remanded for further examination.

The Board has determined that a new VA examination is necessary to determine the nature and etiology of the Veteran's bilateral peripheral nerve insufficiency conditions, as it relates to his service-connected foot disabilities.

The Veteran's claim for a rating in excess of 70 percent for dysthymic disorder was denied as the evidence did not show total occupational and social impairment.

The Board denied service connection for bilateral peripheral vascular disease and right lower extremity posterior tibial neuralgia, finding that the conditions were not caused by herbicide exposure or any in-service injury, event, or disease.

The Veteran's right shoulder disability, characterized as chronic synovitis and degenerative joint disease AC joint s/p Mumford procedure, has been rated at 20 percent since May 7, 2015. The Board found that the Veteran’s functional limitation to 90 degrees of flexion throughout the period on appeal is sufficient for a 20 percent rating.

The Veteran's appeal was dismissed because he died during the pendency of his case, and appellants' claims do not survive their deaths.

The Veteran's skin growths are not service-connected due to Agent Orange exposure, and his death was not caused by a service-connected condition. The Veteran did not die while hospitalized by VA, so he is not eligible for additional burial benefits.

The Veteran's right ring finger exostosis was granted a 30 percent rating since April 28, 2014. The condition is characterized by ankylosis of the thumb and ring finger with flexion to 30 degrees at the PIP joint.

The Board has remanded the case due to the need for additional development, including obtaining more medical records and conducting a VA examination.

The Board found that the appellant and the Veteran were not legally married for one year prior to the Veteran's death, but had constant cohabitation. The appellant did not have a general reputation as husband and wife in the community prior to their marriage, thus failing to meet common law marriage criteria under Pennsylvania law.