Other conditions Board decisions

The Board has remanded the case for further development, including an opinion on whether the Veteran's service-connected diabetes mellitus and/or posttraumatic stress disorder (PTSD) have aggravated his atrial fibrillation. The appeal is now pending again with the AOJ.

The appellant is not eligible for death pension benefits as the Veteran's surviving spouse due to a lack of valid marriage and no child born during or before their marriage.

The Veteran was and is no longer entitled to receive Chapter 30 educational assistance benefits under the MGIB, as of October 22, 2010.

The Board has determined that the appellant is entitled to apportionment of the Veteran's VA compensation based on her status as his spouse prior to their divorce.

The Board has determined that there are no residuals of a right foot injury that are causally or etiologically related to service, and therefore the claim for service connection is denied.

The Veteran's varicose veins have not been characterized by persistent or massive edema, making any rating above 10 percent inappropriate. The Board finds that the Veteran's edema is intermittent, but not persistent.

The Board has determined that the reduction of the Veteran's disability rating for non-Hodgkin's lymphoma from 100 percent to noncompensable, effective May 1, 2011, was proper.

The Veteran's appeal for a higher initial disability rating for the service-connected residuals of right foot fracture was granted, and he is now in receipt of a 10 percent disability rating. The appeals for service connection for respiratory disorder and hypothyroidism are addressed separately.

The Board found that the Veteran's current diplopia in the left eye did not start during service and is not related to any injury or disease incurred during service. Therefore, the claim for service connection was denied.

The Board has remanded the case for further development to determine if the Veteran's acute myeloid leukemia was caused by herbicide exposure, and to provide updated notice under 38 U.S.C.A. § 5103(a).

The Veteran's claim for service connection for a right hip disorder, to include as secondary to his service-connected right leg disability, is being remanded due to the need for additional medical opinions and development of records.

The Board has granted service connection for an acquired psychiatric disorder (mood disorder) as secondary to the Veteran's service-connected osteoarthritis disability(s).

The Veteran's appeal for a higher rating for his right elbow disability is denied as the current evaluation of 20% adequately reflects the severity and symptoms of his condition.

The Board denied the appellant's claim for death pension benefits because her net worth at the time she filed her claim was deemed excessive, and thus did not meet the eligibility requirements.

The Veteran's service-connected PTSD substantially contributed to his cause of death, which was multiorgan failure due to pulmonary fibrosis.

The Board dismissed the appeal due to the Veteran's death, and no compensation under 38 U.S.C.A. § 1151 was granted.

The Board has granted service connection for right and left foot arthritis, with a rating of 10%.

The Board has granted an initial 10 percent disability evaluation for each of the Veteran's hammer toes (right and left little toes) under Diagnostic Code 5284. The criteria for a higher rating are not met as there is no evidence of limitation of motion, additional functional loss due to weakness, incoordination, fatigue or lack of endurance.

The Veteran and the appellant were in a same-sex partnership while residing in Texas from February 1985 until the Veteran's death. The partnership was not recognized as a valid common law marriage under Texas law, thus the appellant cannot be recognized as the Veteran's surviving spouse for VA benefits purposes.

The Veteran's claim for service connection for porphyria cutanea tarda (PCT) as a result of exposure to herbicides is being remanded due to the need for further examination and review.