Other conditions decisions — 2018

The Board has decided to remand the case due to insufficient investigation of the Veteran's second and third theories of entitlement, which involve exposure to chemicals at Fort Ord and Camp Ford. The AOJ needs to obtain the complete service personnel record, determine if MRPA operations were conducted at Fort Ord, and assess whether the Veteran was exposed to MRPA fuel during his service.

The veteran requested to withdraw her appeal for VA home loan guaranty benefits, and the Board has dismissed it.

The Veteran's appeal is remanded due to the need for a new VA examination to assess her bilateral foot conditions, including right foot hallux valgus with bunion and left foot bunion. The current severity of these conditions will be determined, along with whether higher ratings are warranted.

The Board found that the termination of the apportionment of the Veteran's VA benefits to the appellant on behalf of his dependent children was proper due to the Veteran reasonably discharging his responsibilities for child support payments.

The Veteran's right inguinal hernia repair is rated as non-compensable, but a separate rating of 10 percent for multiple service-connected disabilities (including the umbilical and left inguinal hernias) is granted.

The Board has decided to remand the case due to incomplete information regarding the Veteran's medication side effects and his ability to work. The VA will need to obtain additional records and conduct further evaluations.

The Veteran's claims for increased ratings for residuals of cold injury to the feet and hands have been denied as there is no evidence showing an increase in disability within one year prior to his November 5, 2014 application date.

The Veteran's claim for payment or reimbursement of unauthorized medical treatment at Gateway Medical Center is remanded due to the lack of relevant records. The Board needs to associate any available records with the claims file and ensure all procedural communications are included.

The Veteran's lung cancer, which was caused by asbestos exposure during his military service, is considered a contributory cause of his death. The Board has therefore granted service connection for the cause of the Veteran’s death.

The Board found that the Appellant's discharge was due to willful and persistent misconduct, not a minor offense. As such, his character of discharge is considered dishonorable, which bars him from receiving VA benefits.

The Board has decided to remand the case for further action regarding service connection for the cause of the Veteran's death due to insufficient evidence on whether his liver conditions were related to immunizations and inoculations received during his service.

The Board has granted service connection for right elbow cubital tunnel syndrome, finding that the Veteran's current condition is at least as likely as not related to his military service. Service connection was denied for DJD of the right elbow due to lack of a nexus between this disorder and service.

The Board's decision regarding whether the appellant's character of discharge is a bar to VA benefits was vacated and remanded due to insufficient consideration of SSA records and discounting of private medical opinions. The case is being remanded for further action.

The Board denied service connection for squamous cell carcinoma as there was no evidence of a nexus between the condition and military service, including herbicide exposure.

The Board has remanded the claims due to new evidence being developed by VA, specifically a September 2018 VA examination. The Veteran will be given an opportunity to respond and the case will be returned for further review.

The Board denied the Veteran's request for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility due to lack of prior authorization and because VA facilities were feasibly available.

The Board denied a waiver of overpayment for nonservice-connected pension benefits due to the Veteran's responsibility in accepting higher amounts despite reporting changes in income, and because recovery would not result in undue hardship or unjust enrichment.

The Board has determined that additional development is needed to address the Veteran's calluses of the bilateral feet, including obtaining his TriWest healthcare records and scheduling a VA examination. The case will be remanded for these actions.

The Board denied the Veteran's request for waiver of overpayment of pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's financial situation and receipt of a minimal income level.

The Veteran's effective date for the grant of service connection for frontotemporal dementia is granted to December 9, 2003, based on her original claim for non-service connected pension benefits.