Other conditions decisions — 2017

The Board found that the Veteran's cause of death was not related to his military service, specifically due to herbicide exposure. The evidence did not show a connection between the Veteran's service and his official causes of death: multi-organ failure, sepsis, refractory CLL, and myelodysplastic syndrome.

The Board has decided to remand the case for additional development, including obtaining private treatment records and personnel records from the Veteran's service. The Veteran is also requested to provide any VA medical center treatment records.

The Board found that the Veteran's left inguinal hernia existed prior to service and was not aggravated by active duty, thus denying his claim for service connection.

The Board denied the appellant's claim for an earlier effective date for reinstatement of DIC due to termination of remarriage by divorce, finding that she did not submit a claim within one year of her remarriage termination and there was no prior unadjudicated formal or informal claim. The effective date remains December 7, 2009.

The appeal has been dismissed as the appellant withdrew it prior to a decision being made.

The Veteran's claim for service connection for right cubital tunnel syndrome is being remanded due to the need for a VA examination and medical opinion regarding the etiology of his condition.

The Veteran's LBBB is found to be service-connected and the need for regular aid and attendance of another person due to his service-connected disabilities has been established. The Veteran meets the threshold percentage requirements for a TDIU.

The Board denied the Veteran's appeal as there is no basis in the law to grant this portion of his claim for reducing VA compensation benefits due to receipt of military drill pay.

The Veteran's appeal regarding his competency to receive VA payments has been resolved in his favor, and the issue is dismissed.

The Veteran's chronic lymphocytic leukemia is granted on a presumptive basis due to exposure to herbicide agents during his service in Thailand.

The Board has determined that pterygium of the right eye was incurred in service due to exposure to sunlight, dust and wind while serving as a heavy construction equipment operator.

The Veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $13,534 was denied by the Board. The decision found that while VA had some fault in creating the debt, it would not be against equity and good conscience to recover the overpayment.

The Board has determined that F.W. is not the child of the Veteran for VA benefit purposes due to her birth occurring more than 45 months after the Veteran's death, which exceeds the statutory guidelines set by Colorado.

The Board has determined that the Veteran's current neck and right upper extremity disorders were not incurred in service, and therefore denied his claims for service connection.

The Veteran developed left eye blindness following VA medical treatment in March 2008. The Board found that the blindness was not caused by carelessness, negligence, or lack of proper skill on the part of VA healthcare providers and is not a result of an unforeseeable event.

The Veteran withdrew his claim for special monthly compensation based on loss of use of the right foot.

The Board has determined that the Veteran's hematological disorder, including deep vein thrombosis and pulmonary embolism, was not incurred in or aggravated by service. The VA examiner found no evidence of onset during active military service and opined that it is less likely than not related to service.

The Veteran's appeal is denied as his service-connected left patellofemoral chondromalacia with synovitis, status post-chondroplasty with synovectomy, does not warrant a higher rating under the applicable diagnostic codes. His left knee scars do not meet the criteria for a compensable rating.

The Board has ordered a remand to obtain relevant service treatment records and to provide the Veteran with an examination to determine if his current skin condition is related to his military service, including exposure to herbicide agents. The appeal will be returned for further action.

The Veteran's atrial fibrillation has been rated at 30 percent since October 2009, effective from October 1, 2009.