Other conditions decisions — 2018

The Veteran's right leg condition, characterized as residuals of a right hamstring injury sustained during service, is granted. The Board found that the evidence supports the existence of this condition and its connection to service.

The Veteran died due to acute respiratory failure caused by cerebral edema and ischemic infarction. The Board found no service connection for any disability, and there was insufficient evidence linking the Veteran's death to his military service or exposure to Agent Orange.

The Board denied the reopening of a claim for service connection for mesothelioma because no new and material evidence was submitted, despite previous assertions of asbestos exposure.

The Veteran's unauthorized medical expenses incurred during his non-VA hospitalizations for a heart attack are denied because he did not receive VA medical services within the 24-month period preceding the furnishing of such treatment.

The Board has decided to remand the case due to incomplete records and the need for a VA examination to determine if the Veteran experiences other residual disability from his in-service chest wound, including lung issues.

The Veteran's appeal for nonservice-connected pension was dismissed because the Veteran withdrew his appeal in writing.

The appellant is not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's costochondritis is related to his service, and if so, whether it is caused by or aggravated by a service-connected condition.

The Veteran's surviving spouse was already awarded $2,000 in burial benefits. The appellant cannot be awarded additional burial benefits as the surviving spouse has priority and VA will not divide burial benefits.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's narcolepsy and his military service. The Veteran will be provided an opportunity for a VA examination, and any relevant medical records should be obtained.

The Board denied service connection for diverticulitis, finding that it is not caused or aggravated by the Veteran's service-connected colon cancer.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for recurrence of NHL is dismissed as the condition was already service-connected. The claim for dizziness, weakness and imbalance due to overmedication for CAD is denied. The claim for chronic neck pain due to misdiagnosis is also denied.

The Board denied nonservice-connected death pension from January 1, 2013, through November 30, 2013, due to the appellant's income exceeding the Maximum Annual Pension Rate (MAPR).,The Board granted nonservice-connected death pension from December 1, 2013, through December 22, 2014, as her income did not exceed the MAPRs. The appeal is still pending for January 1, 2016.

The Board denied service connection for loss of teeth and a compensable rating for mandibular fracture, finding that the Veteran's loss of teeth did not result from in-service trauma.

The Veteran withdrew his appeal regarding the increased rating for dizziness disorder and total disability rating based on individual unemployability.

The Board denied the Veteran's claim for service connection for neurological condition in his right upper extremity, including as secondary to his service-connected right elbow disability. The evidence did not establish a link between the current condition and service or any service-connected disabilities.

The Veteran's cause of death, Esophageal Cancer, is being remanded for further development and medical opinion to determine if it was related to his military service or any conceded asbestos exposure. The issue of whether the esophageal cancer was caused by exposure to burn pits during Operation Desert Storm is also pending.

The Board denied the Veteran's requests for apportionment of his VA disability compensation payments due to lack of information regarding E.L. and K.Y.'s dependency status.

The Veteran's service-connected residuals of excision of a cyst on the scalp have not resulted in any characteristics of disfigurement, exceeded a surface area of six square inches (39 sq. cm.), been unstable or painful, or resulted in any limitation of function. As such, he is not entitled to an increased rating for this condition.

The Board denied service connection for anemia as there is no current diagnosis of the condition and the Veteran's treatment records do not show a finding of anemia.