Other conditions Board decisions

The Veteran does not have a diagnosed condition that is manifested by nausea, dehydration or night sweats.,The VA examiner found no evidence of an undiagnosed illness or medically unexplained chronic multi-symptom illness for the claimed conditions.

The Board previously denied a separate rating for neurological manifestations of the Veteran's service-connected mild neuroforaminal narrowing with disc bulge at L2-5. The case is being remanded to consider whether there are associated neurological deficits and if so, whether they are related to the service-connected condition.

The Board found no evidence of a skin disability or hypertension being related to service, including exposure to herbicides. Service connection was denied for both conditions.

The Board granted an initial 30 percent rating for calcifying pleural plaque formation claimed as asbestosis, effective from February 9, 2009. The Veteran's calcifying pleural plaque formation resulted in a post-bronchodilator forced vital capacity (FVC) of no less than 66 of the predicted value and did not result in any other disabling conditions specified by VA criteria.

The Veteran seeks service connection for a chronic sinus disorder, which he claims is related to in-service chemical exposure. The Board has ordered additional development including verification of active duty and periods of INACDUTRA, as well as a VA examination to determine the etiology of his sinusitis.

The Board has ordered the VA to obtain and associate with the claims file all documents related to the Veteran's initial claim for, and grant of, educational assistance benefits. Additionally, they are to obtain and associated with the claims file all documents related to the appeal of the determination of an overpayment, including the initial decision, the Veteran's notice of disagreement, the Statement of the Case, and the substantive appeal.

The Board found that the appellant and the Veteran did not form a valid common-law marriage for VA purposes, as required by Texas law. The Veteran had moved out of their home in Texas after filing for divorce, and there was no evidence of an agreement to be married or cohabitation as husband and wife.

The Veteran's heart disorder, diagnosed as aortic stenosis, was not found to be related to his service-connected diabetes mellitus or hypertension. The Board determined that there is no medical evidence linking the condition to these conditions.

The Veteran's claims for service connection were granted, with the primary issue being that his psychiatric and sleep apnea conditions are secondary to his service-connected diabetes mellitus. The eye disorder claim was also granted as secondary to diabetes mellitus.

The Board found that the Veteran does not have a current gastrointestinal or musculoskeletal disability that is directly related to her military service. The evidence did not support a finding of secondary service connection due to a pre-existing condition.

The Veteran's service-connected disabilities, including left foot, skin, and dental disorders, are not granted as the appeal is based on direct service connection rather than a presumption or secondary theory.

The Veteran's claim for service connection for malaria was denied in August 1996, and new evidence received since then has reopened the claim. However, there is no current diagnosis of a tropical disease, to include malaria and yellow fever, and thus, the claim remains denied.

The Board has requested a medical expert opinion and the appellant submitted additional evidence. The case is being remanded for readjudication with consideration of this new evidence.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of her service-connected pelvic adhesions and consideration of whether any rating decision prior to March 2008 should be revised on the basis of clear and unmistakable error (CUE) to assign an effective date prior to January 24, 2006, for the grant of service connection for a large intestine disorder.

The appeal has been dismissed due to the appellant's death.

The Board denied the appellant's claim for apportionment of her husband's disability compensation benefits, finding that she is not entitled to such benefits as her daughter was over 30 years old and not permanently incapable of self-support.

The Board found that the Veteran's left leg varicose veins did not warrant a rating higher than 20 percent, as his symptoms were consistent with intermittent edema and aching/pain after prolonged standing or walking, which are already addressed by the current 20 percent rating. The right leg varicose veins claim was also denied.

The Board found no evidence of a hip/thigh disability in service or for many years thereafter, and concluded that arthritis of the bilateral hips/thighs was not incurred in or aggravated by service.

The Board has determined that the termination of the Veteran's dependency allowance for V.K., effective April 30, 2004, is proper based on the finality of his divorce from V.K. as of April [redacted], 2004.

The Board has granted the adjustment of the award of improved pension benefits for the Veteran's 2008 medical expenses, which totaled $625.40.