Other conditions decisions — 2017

The Veteran's CIDP is due to his exposure to herbicide agents during active service in the Republic of Vietnam and Camp Lejeune, North Carolina. The Board finds that this meets the criteria for service connection.

The Veteran's claim for service connection for a back injury is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling an examination.

The Veteran's application for VRAP benefits was denied due to his enrollment not meeting the full-time requirement. The Board has ordered additional development, including obtaining tuition receipts and documentation from Florida State College.

The Board has determined that additional development is needed to locate the Veteran's missing claims file and to address the appellant's claim for an earlier effective date. The case will be remanded for these purposes.

The Board has determined that the Veteran's scoliosis existed prior to service and was not aggravated by service, but is now considered a current disability. Therefore, service connection for scoliosis is granted.

The Veteran's incomplete loss of use of the right upper extremity associated with ALS is rated at 60 percent, which is the maximum schedular rating possible under Diagnostic Code 8512 for a minor extremity.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board denied the claim for service connection for the cause of the Veteran's death as VA had already granted this benefit to the Veteran's widow, and the law prioritizes surviving spouses over children in such cases.

The Board has granted service connection for a gynecological disability, including menorrhagia, uterine fibroids, and total abdominal hysterectomy. The issue of secondary service connection for depression is remanded.

The Board granted a separate 20% rating for instability of the right knee from June 2, 2014 and assigned a noncompensable rating for symptomatic removal of semilunar cartilage since April 1, 2009.

The Board has determined that the appellant cannot be recognized as the Veteran's surviving spouse for VA benefits purposes due to a lack of valid marriage documentation and inconsistencies in how they presented themselves.

The Board denied the Veteran's claim for service connection for venereal disease, including HPV, finding no current diagnosis and noting that HPV can be eradicated by the immune system.

The Board has determined that the Veteran's service-connected left upper eyelid, herpes simplex virus lesions does not warrant a compensable rating as it does not meet the criteria for any of the applicable diagnostic codes.

The Board has vacated the November 17, 2017 decision denying service connection for the cause of the Veteran's death. The Board found that the Veteran's adenocarcinoma was not related to his exposure to herbicides and did not manifest within one year of separation from service.

The Veteran's dysthymic disorder has been rated at 70 percent since May 20, 2010. The Board finds the evidence does not support a higher rating.

The Board has remanded the case for adjudication of whether the appellant's character of discharge is a bar to VA benefits, and then readjudicate his eligibility for VA home loan guaranty benefits. The appeal will be returned to the Board after these actions.

The Board denied the Veteran's request for an apportionment of his VA compensation benefits to support his child, finding that it would cause undue hardship on him and thus denying the claim.

The Board has determined that the Appellant's character of discharge from service is other than honorable due to willful and persistent misconduct, which constitutes a bar to VA benefits. As such, the claim for home loan benefits is denied.

The Veteran's eye disorder, including macular degeneration, is related to his service and the Board grants this claim.

The Board denied the Veteran's claim for service connection for sacroiliitis pain and strain, finding that there is no current disability separate from his already service-connected myofascial lumbar pain.