Other conditions decisions — 2018

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's dental disability, including whether it is related to service. A VA examination is needed.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits.

The Veteran's claim for service connection for a lung condition is reopened, but the Board finds that further examination is needed to determine if any identified lung conditions are related to his military service. The Veteran's initial compensable rating for bilateral hearing loss is also remanded.

The Veteran requested an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU), but this request is denied as it stems from a final rating decision.

The Board has remanded the case due to the need for updated VA records and a new examination to determine if the Veteran's gastrointestinal disabilities are related to service.

The Board denied service connection for a dental disability due to lack of evidence of in-service trauma or disease. The claim is being remanded for further consideration by the VA dental clinic.

The Veteran's atrial fibrillation and bradycardia are found to be related to his presumed in-service exposure to herbicide agents (Agent Orange) and/or to his service-connected PTSD with alcohol abuse.

The Board has granted service connection for non-Hodgkin's lymphoma due to radiation exposure, finding that the Veteran was a 'radiation-exposed veteran' as defined by VA regulations and that his claim meets the criteria for presumptive service connection.

The Veteran's service-connected bilateral feet condition contributed to his death from small bowel obstruction and congestive heart failure. The Board granted service connection for the cause of death due to the service-connected disability.

The Board found that the Appellant's discharge was due to willful and persistent misconduct, not a minor offense. The Board concluded this discharged him under dishonorable conditions, thus barring VA benefits.

The appeal on the claim of service connection for a lung condition, claimed as a result of Agent Orange exposure, is dismissed. The Veteran's initial compensable ratings for residuals of shrapnel wound right upper extremity and left lower extremity are denied.

The Veteran's service connection claim for CIDP is denied as there is no evidence of a current disability related to his in-service exposure to radiation, and the medical opinion does not support a link between his claimed condition and service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of left eye cataract surgery is denied because there is no evidence that the VA care caused additional disability or was not reasonably foreseeable.

The Board found that the overpayment of VA compensation benefits was properly created due to the Veteran's failure to report his divorce, and denied recovery of the overpayment as it would defeat the purpose of the benefit.

The Board finds the paper claims file incomplete and remands the case for further development, including obtaining medical records from Copper Queen Community Hospital and any VA correspondence related to the Veteran's enrollment and treatment.

The Veteran withdrew his appeal for additional VA compensation benefits for G., the Veteran's dependent child, for the period on and after November [redacted], 2016.

The Board denied the Veteran's claims for service connection for a dental disability and an initial rating more than 10 percent for facial nerve inflammation and pain. The Veteran did not have a current dental disability, and his symptoms were considered part of his service-connected facial nerve inflammation and pain.

The Veteran's claim for an increased rating for his left clavicle well-healed fracture is denied as the evidence does not support a higher evaluation.

The Veteran's appeal is remanded due to the need for further development under 38 U.S.C. § 1728, as he sought emergency dental procedures for a service-connected condition.

The Veteran's ichthyosis vulgaris was rated at 60% effective August 30, 2001 under the liberalizing law that changed the rating criteria for this condition. The Board found he met all eligibility criteria and granted an earlier effective date.