Other conditions Board decisions

The Board has determined that the Veteran's service-connected neurally mediated syncope requires additional development due to incomplete medical records and inadequate opinions from previous VA examinations.

The Board denied the claim for VA compensation benefits for birth defects of a child born to a Vietnam Veteran because there is no evidence that the appellant has spina bifida, which is required for such benefits.

The evidence does not support an evaluation greater than 20 percent for the Veteran's L5-S1 injury postoperative due to lack of incapacitating episodes or significant limitation of motion.

The Veteran claims service connection for acute myeloid leukemia (AML) as due to ionizing radiation exposure during his service aboard the U.S.S. Groton submarine. The Board acknowledges that there was no reasonable possibility of a link between the Veteran's AML and in-service radiation exposure, based on the dose estimate provided by the Under Secretary for Health. However, further clarification is needed regarding the Veteran's alleged exposure to ionizing radiation during a fire incident aboard the U.S.S. Groton submarine.

The Board has determined that further development is needed to determine the extent of the Veteran's in-service exposure to ionizing radiation and whether his squamous cell carcinoma of the left tonsil with post-operative residuals is related to such exposure. The case will be remanded for this purpose.

The Veteran's appeal was dismissed due to the death of the appellant, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The appellant is not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC, death pension, and accrued benefits due to her remarriage after the Veteran's death.

The Board has remanded the case due to a need for additional development, including obtaining SSA records and ensuring proper consideration of the Veteran's TDIU claim.

The Board found that a chronic eye disability did not manifest in active service and is not otherwise etiologically related to such service. The Veteran's current impaired vision resulting from an August 2000 gunshot wound does not meet the criteria for service connection.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill was denied as she did not meet the eligibility requirements due to her character of discharge from service being 'Under Honorable Conditions (General)' and not an 'Honorable Discharge'. Additionally, there were no medical reasons preventing her from initiating or completing a program of education within her delimiting period.

The Veteran's squamous cell carcinomas of the tongue and pharynx are not presumed to be etiologically related to in-service exposure to an herbicide agent, specifically Agent Orange.

The Board finds that a debt for an advance payment of $3000 for Chapter 33 educational assistance benefits was properly created and that recovery of the overpayment would not be against equity and good conscience.

The Veteran's cholecystectomy is found to be service-connected, and his PTSD is granted an initial evaluation of 50 percent prior to October 3, 2012. The TDIU claim remains pending.

The Veteran's service connection claim for benign prostatic hypertrophy is granted as the evidence shows a current disability and its onset during active duty service.

The Veteran's appeal is remanded for additional development, including obtaining VA outpatient treatment records and scheduling a VA examination to assess the severity of his service-connected bilateral ocular surface dryness disorder.

The Board denied the Veteran's claim for additional vocational rehabilitation benefits under Chapter 21, Title 38 of the United States Code, other than self-employment services. The decision was final as the Veteran did not appeal to the Court.

The Veteran's request for waiver of overpayment was denied as it was deemed untimely due to his failure to file a timely request after receiving the notice of indebtedness in November 2004.

The Veteran's claim for payment or reimbursement of private medical expenses incurred at Putnam Community Hospital on March 31, 2010 is granted as his condition was considered an emergency and he could not have safely been discharged from the hospital.

The Board has remanded the case for additional development, including obtaining a VA medical opinion to determine whether the Veteran's confirmed in-service exposure to asbestos and/or lead paint caused or contributed substantially or materially to his cause of death.

The Veteran's acromioclavicular strain of the right shoulder does not meet or approximate the criteria for a disability rating in excess of 10 percent.