Other conditions decisions — 2017

The Board denied the claim for DIC and service connection for the cause of the Veteran's death as the Veteran did not have active military, naval, or air service. The Decedent had only ACDUTRA service in the California Army National Guard and was not disabled from a disease or injury incurred during this period.

The Veteran's right knee disability, including patellar fracture with degenerative changes and instability, is currently rated at 10 percent. No higher ratings are warranted for the period prior to October 7, 2014.

The Veteran's service connection claim for genitourinary disorder, including as secondary to in-service herbicide exposure (Agent Orange), is being remanded due to the need for a VA medical opinion.

The Veteran's claim for restoration of dependent child C.'s school attendance benefits was granted by the Board, as he acted in a reasonable and timely manner in informing VA of the change in dependency status.

The Board finds that the Veteran does not have a current disability for which service connection can be granted, as there is no credible evidence of in-service incurrence or aggravation. The claim is therefore denied.

The Veteran's appeal is being remanded due to the need for additional medical evidence regarding his nose injury and respiratory condition.

The Veteran's appeal is being remanded for additional development, including obtaining updated employment and educational history, scheduling a VA examination to assess the severity of his service-connected panic disorder without agoraphobia, and updating the claims file with any outstanding treatment records.

The Veteran's unspecified trauma-and-stressor-related-disorder is manifested by flattened affect, panic attacks more than once a week, depressed mood, anxiety, suspiciousness and chronic sleep impairment. The Board has granted a disability rating of 50 percent for the Veteran's psychological disorder.

The Board has determined that the Veteran's claim of service connection for alcohol abuse cannot be reopened as there is no new and material evidence presented. The June 2002 rating decision denying this claim is final.

The Veteran's appeal is being remanded due to the need for a new VA examination and updated treatment records.

The Board has determined that there is no evidence to support the claim of service connection for Charcot-Marie-Tooth disease, as it did not develop during or as a result of military service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied as the evidence does not support a finding of negligence or lack of proper care on the part of VA in his abdominal aortic aneurysm repair.

The appellant is not eligible for death pension benefits because she and the Veteran were divorced at the time of the Veteran's death.

The Board has determined that the Veteran's left little finger disability clearly and unmistakably pre-existed service, and was not aggravated by service. Therefore, the claim for service connection is denied.

The Board found that the appellant was at fault in creating the overpayment of VA DIC benefits, and minimal fault on the part of VA. Repayment would not result in undue hardship or defeat the purpose of the program. The appellant has been unjustly enriched by receiving benefits he was not entitled to. Recovery is denied.

The Veteran's last discharge was under other than honorable conditions, which bars him from qualifying for VRAP benefits.

The Board has granted service connection for the cause of the Veteran's death, finding that the diagnosed acute lymphocytic leukemia is at least as likely as not related to exposure to herbicide agents during military service.

The Board has determined that the Veteran's cause of death, metastatic adenocarcinoma involving the lungs, liver, and pancreas, was caused by his service-connected cancer. The Board found reasonable doubt as to whether the primary tumor originated in the respiratory system due to Agent Orange exposure, granting service connection for the cause of death.

The Veteran's irritable colon syndrome (spastic colitis, mucous colitis, etc) has been rated at 10 percent since May 2013. The Veteran testified that his symptoms have worsened and he now experiences bleeding in his stool seven times a month for three to four days at a time, along with severe stomach cramps and diarrhea twice a month. A VA examination is required to determine if the current rating should be increased.

The Veteran's claim for an effective date prior to January 6, 2006 and for increased ratings for his right eye cataract have been denied. The Board has remanded the case due to a pending issue of whether new and material evidence was submitted in conjunction with the April 1990 claim.