Other conditions decisions — 2018

The Veteran's application for continued educational assistance under the Reserve Educational Assistance Program (REAP) was denied because the term he requested to be covered by REAP started after November 25, 2015, and thus did not meet the eligibility criteria.

The Veteran's right leg is shortened by less than one-half inch, which does not meet the criteria for a compensable rating. The claim for an initial compensable rating for right leg shortening is denied.

The Veteran withdrew his appeal for entitlement to special monthly pension before the Board could make a decision.

The Veteran's initial compensable ratings for right and left foot hallux valgus are denied, as the conditions do not meet the criteria for a compensable rating under VA regulations. The claim for compensation under 38 U.S.C. § 1151 for retention of metal surgical equipment in the right lower extremity is also denied.

The Veteran died of non-Hodgkin's lymphoma, which is presumed to have been caused by exposure to herbicide agents during service in Korea. Service connection for the cause of death is granted.

The Board has granted the appellant's petition to reopen his claim for a one-time payment from the FVEC fund, but denied the claim itself due to lack of qualifying service. The appeal is not about service connection.

The Board has determined that the appellant's urinary impairment due to spina bifida warrants a Level III rating under 38 C.F.R. § 3.814, as she is unable to remain dry for three hours at least three times per week despite using medication.

The Board has determined that the Veteran's death was caused by glioblastoma multiforme, which is presumed to be related to his exposure to Agent Orange during service. As a result, the claim for service connection for the cause of the Veteran’s death is granted.

The Veteran's service-connected right shoulder disability does not render him unable to secure or follow a substantially gainful occupation, as the evidence shows he is capable of work despite his disability.

The Board has decided to remand the case due to incomplete development and requests for additional information.

The Board has remanded the claims for service connection due to inadequate findings and opinions, as well as lack of exposure corroboration. The Veteran's reported in-service exposures will be sought out, and new findings and opinions must be obtained considering all potentially favorable evidence.

The Veteran is alive and living freely, receiving VA benefits. The appellant cannot be considered the surviving spouse of the Veteran for VA purposes.

The Board denied the Veteran's claims for service connection for residuals of a left clavicle fracture, compression fracture of the thoracic spine, and residuals of rib fractures secondary to his service-connected traumatic brain injury (TBI). The evidence did not support that these injuries were related to his TBI.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's HTN and whether it is aggravated by his service-connected DM. The Veteran's claim for service connection for HTN remains pending.

The Board has remanded the case due to insufficient information in the medical opinions provided, and a new addendum opinion is needed regarding the cause of the Veteran's death.

The appeal has been dismissed due to the death of the appellant.

The Veteran's claims for an increased rating for adjustment disorder with depressed mood and TDIU are being remanded due to the addition of new evidence not having been reviewed by the AOJ.

The Board has decided to remand the case due to discrepancies in the Veteran's active duty service dates, which are at issue and require further investigation.

The appellant was not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC and/or death pension benefits due to their formal divorce, despite continued cohabitation.

The Veteran's claim for service connection for lung disability, strep infection, right pyriform cancer, lymph node cancer, tonsil cancer, and tongue cancer is remanded due to the need for additional development.