Other conditions decisions — 2017

The Veteran withdrew his appeal regarding the issue of entitlement to a clothing allowance for the year 2012.

The Board denied the Veteran's claim for an earlier effective date for non-service connected pension benefits, finding that the claim was not filed within one year of his April 1996 denial and thus became final. The appeal is dismissed.

The Veteran's income exceeded the annual pension limit for nonservice-connected pension benefits from December 10, 2012 to December 31, 2013 and throughout the calendar years 2013, 2014, 2015, and 2016. Therefore, she is not eligible for nonservice-connected pension.

The Veteran was treated for pneumonia in service, which resolved. There is no current disability related to this condition and the claim is denied.

The Board denied the veteran's claim for VRAP education benefits as payment after March 31, 2014 was prohibited by law and because his service discharge barred him from qualifying for those benefits.

The Veteran's anemia was rated at 10 percent, and the Board is granting a rating of at least 30 percent for the period beginning May 19, 2017. The issues of service connection for a lower back condition and SMC are also REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran's fatal lymphoma and leukemia are presumed to be related to his exposure to herbicide agents during service in Thailand. The Board has granted entitlement to service connection for the cause of the Veteran's death.

The Veteran's military service does not meet the threshold service eligibility requirements for VA non-service-connected pension benefits.

The Veteran's cause of death was cancer of the lung, which is presumed to have been caused by exposure to herbicide agents during his service. The Board has granted service connection for the cause of the Veteran's death.

The Board has determined that there is no evidence to support a finding that any service-connected disability, singly or jointly with some other condition, was the immediate or underlying cause of the Veteran's death. The Board finds that the preponderance of the evidence is against the claim for service connection for the cause of the Veteran's death.

The Veteran's left little finger disability and gastroenteritis have been evaluated, but the rating for gastroenteritis remains pending due to further development being required.

The Veteran's loss of the left eye was caused by a post-operative infection during VA cataract surgery in August 2010, which was not considered an ordinary risk for such treatment. The Board finds that this additional disability is compensable under 38 U.S.C.A. § 1151.

The Veteran's dysthymic disorder was rated at 30 percent prior to January 18, 2012 and at 50 percent thereafter. The appeal is granted for a rating of 50 percent.

The Veteran's unauthorized medical expenses incurred at a private hospital on September 19, 2015 for right flank pain were found to meet the criteria for payment or reimbursement under VA regulations.

The Board denied a higher initial disability rating for the Veteran's right thumb disability, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board finds that the appellant's debt of $2,272.97 is valid and grants a waiver of recovery of this overpayment.

The Veteran's recurrent benign tumor of the left maxillary sinus is rated at 20 percent disabling, which is the highest rating available under the applicable diagnostic code for incomplete severe neuritis of the seventh cranial nerve.

The Veteran's claim for service connection for clostridium difficile was denied as there is no current diagnosis of the condition during the appeal period.

The Board has determined that the Veteran is already entitled to a TDIU and there is no longer any case or controversy pending before the Board.

The Board found that there is no evidence of the Veteran's death in Washington state records, and thus denied service connection for the cause of the Veteran's death.