Other conditions Board decisions

The Board is remanding the claim for further development and consideration, including obtaining a medical nexus opinion concerning the etiology of the Veteran's multi-symptom disability.

The Board denied the claim for VA disability compensation under 38 U.S.C.A. § 1151, finding that the Veteran's right eye disability was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance on VA's part.

The Board has ordered a remand to obtain the complete copy of the June 2012 VA examination report and medical opinion regarding whether the Veteran has an additional disability manifested by residuals of a stroke that were proximately caused by hospital care, medical or surgical treatment furnished by VA during his December 2003 treatment at the Hampton VA Medical Center.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a Social and Industrial Survey. The Veteran's employability due to his service-connected disabilities will be evaluated.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's tobacco abuse caused or contributed to his esophageal cancer and if it was secondary to PTSD. The appeal is pending further action.

The Board found that the Veteran does not have a current disability due to a head injury sustained during active duty service and denied his claim for service connection.

The Board has determined that the Veteran's bilateral foot disorders and neck disorder are not related to service, and therefore denied these claims.

The Veteran's nonservice-connected pension benefits were not apportioned to the Appellant prior to December 1, 2013 due to insufficient income and expenses.

The Board found that the Veteran's esophageal cancer did not meet the criteria for service connection due to Agent Orange exposure, as it was not shown to be related to his military service or presumed exposure. The primary site of the cancer was in the esophagus, and there is no evidence linking this condition to his time in Vietnam.

The Board has determined that the Veteran's right knee disability, specifically a right medial meniscus posterior horn tear and medical femoral condyle cartilage fissures fibrillation with subchondral bone exposure, was not incurred in or aggravated by service. The claim for service connection is denied.

The Veteran's claim for a higher rating for her L5-S1 disc herniation with spinal stenosis was granted, and she is now rated at 20 percent. The Board denied service connection for PTSD due to the Veteran's report of in-service stressors being not credible. The claim for personality disorder was reopened based on new evidence received since March 2010 decision, but it did not meet the criteria for reopening as the new evidence was either cumulative or redundant. The Veteran is now rated at 70 percent for bipolar disorder effective from March 24, 2011 and granted a TDIU prior to that date.

The Board found that the Veteran's leukemia was not incurred in or aggravated by active service and denied his claim.

The Veteran's appeal for service connection for tropical sprue has been dismissed due to the death of the appellant.

The Veteran's right shoulder disability did not meet the criteria for a higher rating during the entire appeal period, as it did not present limitation of motion more nearly approximating 25 degrees from the side.

The Veteran's current respiratory disorder is not related to his active service, including his history of asbestos exposure. The Board finds that the Veteran does not meet the criteria for service connection.

The Veteran's service connection claims for benign prostatic hypertrophy of the prostate and dysuria were denied. The claim to reopen his blackouts (now claimed as seizures) was granted, but he is still not found to have a current condition related to exposure at Camp Lejeune.

The Board has ordered the VA Health Eligibility Center (HEC) to review and clarify whether the Veteran's eligibility for free VA healthcare was changed from exempt to required due to his income in 2007, and if so, what specific services require a copayment. The HEC must provide clear reasons and bases for any findings regarding the means test threshold exceeded and which services may require a copayment.

The Veteran's low back disability is currently rated at 60 percent, effective October 15, 2012. The Board found that the current rating does not meet or approximate the criteria for a higher rating.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of VA benefits due to a lack of valid marriage under Philippine law.

The Veteran's appeal is being remanded due to the need for further verification of his participation in drills during fiscal year 2009 and the amount of pay received.