Other conditions Board decisions

The Veteran's death was caused by lung cancer, which is presumed to be due to herbicide exposure during service in Vietnam. The Board grants the claim for service connection for the cause of the Veteran's death.

The appeal is being returned to the RO for scheduling a videoconference hearing in New Orleans, Louisiana due to the appellant's request. The case will be returned to the Board after the hearing.

The Board has determined that the Veteran's claim for reimbursement of a Merchant Mariner Captain's license under the Montgomery GI Bill is denied due to lack of approval by the State approving agency.

The Board has remanded the case due to a determination of eligibility for educational assistance benefits based on the appellant's initial active duty period and term of enlistment. Additional development is required, including obtaining service treatment records and personnel records.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and severity of his lumbar spine disability and whether his postoperative groin abscesses are related to military service.

The Board denied the Veteran's request for a waiver of overpayment due to his failure to file a timely request within 180 days after receiving notice of the overpayment.

The Board determined that new and material evidence has not been presented to reopen the claim for VA nonservice-connected death pension.

The Veteran's claim for a compensable evaluation for genital herpes from April 5, 1989, to August 29, 2002 was denied. The issue of entitlement to a rating in excess of 10 percent for genital herpes from August 30, 2002 is remanded.

The Veteran's claim for basic eligibility for pension benefits was denied because he did not meet the legal requirement of having active service during a period of war.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the proximate cause of his additional disability (residuals from the excision of the left submandibular gland) was not due to VA care, treatment, or examination.

The Board has determined that the Veteran's current eye conditions, including variable visual clarity, decreased visual clarity and sensitivity to lights at night, and dry, irritated eyes, are related to his active duty service. As such, service connection for these residuals of an injury to both eyes is granted.

The Board has ordered the case to be remanded for additional development due to a need to verify service records. The appellant's claim is related to basic eligibility for Department of Veterans' Affairs death benefits, but no specific conditions or exposure basis are mentioned.

The Board has determined that the Veteran's death from glioblastoma was at least as likely as not related to his exposure to chemical warfare agents during his service in the Persian Gulf War, and thus grants service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's right great toe disability warrants a staged rating of 10 percent prior to June 3, 2009 and an increased 20 percent rating from that date.

The Board has granted an initial 10 percent rating for post-operative mitral valve prolapse with mitral regurgitation, effective from December 17, 2003.

The Board has determined that the Veteran's agoraphobia is related to his service, and thus grants service connection for this condition.

The Board found that the Veteran's current bilateral eye disorders, including pinguecula and presbyopia, are not related to his active service. The evidence does not support a finding of in-service injury or disease resulting in these conditions.

The Board has dismissed the appeal pertaining to entitlement to a TDIU as such has already been granted and there remains no justiciable case or controversy before the Board at this time.

The Board has decided to remand the Veteran's service connection claim for residuals of gall bladder removal, including as due to exposure to ionizing radiation. The case will be returned to the agency of original jurisdiction (AOJ) for further development and consideration.

The Veteran's varicose veins of the right lower extremity are rated at 40 percent, and her TDIU claim is denied as her service-connected disabilities do not preclude all forms of substantially gainful employment.