Other conditions decisions — 2018

The Board has denied the Veteran's claim for service connection for a chronic disability of the rectum, finding that there is no evidence linking his current condition to his active duty service. The issues of an increased rating for PTSD and TDIU are remanded for further development.

The Board has decided to remand the claims for service connection for glioblastoma multiforme and cause of death due to further development being required, including obtaining a dose estimate based on radiation exposure in service and obtaining medical opinions regarding the relationship between the Veteran's conditions and his military service.

The Board found that J.J.'s discharge from service was under dishonorable conditions, which bars him from receiving VA death pension benefits.

The Board has remanded the claims for an initial compensable rating for residuals of a stroke, a rating in excess of 30 percent for aortic insufficiency, and entitlement to TDIU due to inadequate examinations. The Veteran is required to provide additional information about his symptoms and medical history.

The Veteran's overpayment of VA compensation benefits is denied as recovery would not be against equity and good conscience due to the lack of undue hardship on the Veteran, fault found in his part for creating the debt, and unjust enrichment if he were allowed to retain funds.

The Board found that the Veteran's glioblastoma did not result from VA treatment, and that there was no evidence of disability or death which would have been avoided if proper diagnosis and treatment had been rendered on August 27, 2014.

The Veteran's AML is granted as service connected due to exposure to herbicide agents in Vietnam, with the presumption of exposure for those who served in Vietnam.

The Board denied service connection for a right leg disability, jaundice (to include liver disease), and bone disability due to lack of evidence linking these conditions to service. The Veteran's claims were reopened based on new evidence regarding his cardiac condition.

The Board denied service connection for a right leg disability as there is no current diagnosis of such and the Veteran's reported injury does not meet the criteria for service connection.

The claim for accrued benefits was denied as the surviving spouse did not have any claims pending at the time of her death and was not entitled to any accrued and unpaid VA benefits under an existing rating or decision.

The Veteran's surviving spouse did not file for accrued benefits within the one-year deadline after his death, and therefore her claim was denied.

The Veteran's emphysema is being remanded for a supplemental medical opinion regarding exposure to chemicals while in service.

The Veteran's currently diagnosed blocked tear ducts and dry eyes did not start during service, and there is no evidence linking these conditions to her military service. The Board found that the preponderance of the evidence does not support a finding that the eye condition began in or is related to service.

The Veteran's penis deformity, including corpral fibrosis, was not caused by VA treatment and is not compensable under 38 U.S.C. § 1151.

The Veteran's loss of bladder control is not considered to be due to VA surgical care, and the Board finds that it was not caused by negligence or lack of proper skill. The preponderance of evidence does not support a finding of fault on the part of VA.

The Veteran's claim for higher ratings for his service-connected intervertebral disc syndrome at L4, spondylolisthesis L5-S1, residuals of a back injury and associated neurological disorders was denied. He is currently rated as 20 percent disabled for the right lower extremity condition from May 24, 2017.

The Board has remanded the case due to uncertainty about whether the Veteran's unit was near the DMZ or exposed to herbicides, and if so, whether his cause of death is related to such exposure.

The Veteran requested to withdraw her claim for vocational rehabilitation services, and the Board dismissed it as a result.

The Veteran's claim for increased ratings for his service-connected psychiatric disabilities is being remanded due to the need for a new VA examination.

The Board denied the Veteran's claims for service connection for rheumatic fever, an ear condition, and bilateral eye conditions. The claim for a disability rating of 10 percent for chronic tonsillitis was granted.