Other conditions Board decisions

The Board found that the Veteran's respiratory disorder did not manifest in service and is not otherwise related to service, thus denying his claim for service connection.

The Board denied the Veteran's claims for service connection for gluteal sarcoma and pulmonary cancer, finding that there was no evidence linking these conditions to his military service or any presumptive exposure to herbicides, asbestos, or ionizing radiation.

The Board denied entitlement to an initial rating higher than 50 percent for residuals of a shrapnel wound to the head manifested by headaches, and found that the criteria for a TDIU due to service-connected disabilities from September 29, 1988, to August 13, 1997 were not met.

The Veteran's unauthorized medical expenses incurred from January 30, 2006 to February 13, 2006 were reimbursed due to the presence of a serious threat to his life or health and VA facilities being unavailable.,For the period from February 24, 2006 to March 3, 2006, reimbursement was denied as the Veteran could have been transferred to VA facilities for continued care.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling a VA examination to determine if the Veteran's current right foot bunion is related to his military service.

The Board has remanded the case for further development, including obtaining VA treatment records and conducting a liver disorder examination. The Veteran's claim of secondary service connection for diabetes mellitus is also addressed.

The Veteran's claim for TDIU was denied as his service-connected disabilities did not render him unemployable.

The Board found that withholding $28,384.15 in VA compensation to offset the Veteran's receipt of separation pay was proper under applicable law.

The Veteran's appeal is denied because the claim for earlier effective date than June 1, 2005 for the addition of stepchild MQ and stepchild MT as dependents for additional compensation purposes was not received within one year of his marriage to their mother.

The Board has decided to remand the case for a VA examination to determine if the Veteran's left eye disorder was caused by past VA treatment, including medication prescribed in November 2008. The appeal will be returned to the AOJ after the examination.

The Board has determined that the Veteran's claims for service connection for a back disorder and residuals of cold weather injury have not been reopened due to lack of new and material evidence. The claim for arthritis of multiple joints was also denied as there is no competent medical evidence linking the current condition to active military service.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at the Champlain Valley Physical Hospital is being remanded due to the need to obtain additional records and review all applicable laws and regulations.

The appeal has been withdrawn by the appellant before a decision was made.

The Board denied the appellant's claim for basic eligibility for VA benefits as a surviving spouse based on a claimed common law marriage to the Veteran, finding that she was not eligible due to her divorce from the Veteran in 1990 and lack of cohabitation.

The Veteran's death precluded the Appellant from receiving accrued benefits as no claims for VA benefits were pending at his time of death.

The Veteran's service from February 1941 to June 1946 is forfeited due to rendering assistance to the enemy of the United States. The appellant is not entitled to nonservice-connected death pension benefits with respect to this period. The Veteran served with the New Philippine Scouts, which does not qualify for VA pension benefits.

The Veteran's right ring finger disability was manifested by painful motion beginning at the gap of 1 to 2 inches between the thumb pad and fingers, but no ankylosis was shown. The Veteran's scars were diagnosed as painful with two linear scars: one measuring 0.5 centimeters in size and another measuring 2.5 centimeters in size.

The Veteran withdrew their appeal for benefits payment rate higher than 60 percent level for educational assistance under the Post-9/11 GI Bill.

The Veteran died while on active duty, and burial benefits are not payable for deaths occurring during active service.

The Board finds that the Veteran's fatal cancer, which was present in multiple areas including his lungs and soft tissues, is at least as likely as not caused by exposure to Agent Orange during service. As a result, the claim for service connection for the cause of the Veteran's death is granted.