Other conditions decisions — 2018

The Veteran's death was caused by invasive moderately differentiated adenocarcinoma of the sigmoid colon, which is not shown to be related to his military service or exposure to herbicides. The Board found that none of his service-connected conditions contributed to his death.

The Board is remanding the case to determine if the Veteran's March 2012 incarceration violated his probation from November 2009 and when reduction of benefits should have occurred.

The Veteran's claim of service connection for TMJ and bruxism, which are secondary to his service-connected PTSD, has been granted.

The Board has decided that the Veteran's appeal for entitlement to a total disability rating due to individual unemployability (TDIU) must be remanded as there were issues with his failure to report for VA examinations, and further development is needed.

Service connection for a dental disability and noncompensable dental disability for treatment purposes is granted. An initial rating of 100 percent for TBI is granted from March 31, 2017 to June 5, 2018.

The Veteran's death was not caused by VA medical care or examination, and therefore DIC benefits are denied.

The Veteran's claim for payment of unauthorized medical expenses incurred at a non-VA hospital was denied because he had not received VA medical services within the 24-month period preceding his emergency treatment.

The Board denied service connection for a right eye disability, TDIU, and special monthly compensation due to the need of regular aid and attendance for a spouse. The Veteran's current eye conditions are not related to his military service.

The Veteran's claim for an earlier effective date prior to March 20, 2001 for the grant of service connection for cardiomyopathy with angina and congestive heart failure is dismissed as there are no legal grounds to support such a claim.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran currently has anemia or had chronic anemia during the appeal period. The case will be returned for further development, including obtaining VA treatment records and scheduling a medical examination.

The Board has remanded the case due to inadequate opinions regarding the Veteran's eye disability, and a new VA examination is required.

The Board denied service connection for warts as there is no evidence of a current disability and the Veteran's treatment records do not show any ongoing issues with warts since service.

The Veteran's service-connected rheumatic fever with secondary rheumatic heart mitral valve disease does not prevent him from securing and following substantially gainful employment.

The Veteran's ex-wife is contesting the apportionment of his VA disability compensation benefits. The Board has decided to remand the case due to procedural issues and new evidence.

The Veteran's T4-9 laminectomy and fusion disability is rated at 50 percent, which does not meet the criteria for a higher rating. Since November 29, 2012, the Veteran has been granted total disability based on individual unemployability (TDIU) due to his back disability.

The Veteran's cause of death, Acute Myeloid Leukemia (AML), is determined to be related to his in-service exposure to Agent Orange. The Board finds that the evidence supports a finding that AML was caused by herbicide exposure during service.

The Veteran's appeal for TDIU was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board denied the Appellant's request for remote, read-only access to automated VA claims records for his unaccredited paralegals and staff due to privacy concerns and administrative feasibility issues. The Secretary found that granting such access would violate federal law and regulations.

The Veteran's death was not service-connected, and the appellant did not meet any of the criteria for nonservice-connected burial benefits. The claim is denied.

The Veteran's death pension, dependency and indemnity compensation (DIC), and accrued benefits claims were denied because the appellant filed her claims more than one year after the Veteran's death. The Veteran did not have any pending claims at the time of his death.