Other conditions decisions — 2018

The Veteran's cause of death, metastatic colon cancer, is not service connected due to lack of evidence showing it was caused or aggravated by his in-service herbicide exposure.

The Veteran's claim for a higher rating for his service-connected left femur disability is being remanded due to the need for a VA examination that meets the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board denied both the claims for an earlier effective date and increased evaluation for DIC benefits, finding that there were no additional circumstances warranting such increases.

The Board denied a higher disability rating for the service-connected meralgia paresthetica of the left lower extremity, finding that the symptoms are fully contemplated by the current 0 percent rating.

The Veteran withdrew his appeal regarding increased ratings for mood disorder and bilateral upper extremity peripheral neuropathy, as well as the TDIU claim. The Board has dismissed the appeal due to the withdrawal.

The Veteran's fungal infection and potential service connection for an infectious disease, possibly malaria, are remanded due to the need for additional medical examinations and consideration of new evidence.

The Board found that the reduction in VA disability compensation benefits for periods of active service drill pay was proper and denied the appeal.

The Veteran's appeal for an increased rating for post-stab wound adhesion and compensation under 38 U.S.C. § 1151 for a MRSA infection were both denied because the evidence did not show that the conditions were caused by VA treatment.

The Board has granted effective dates for the addition of dependents, including a spouse and two children, based on evidence submitted within one year of their respective events.

The Board has determined that the Veteran's claim for an earlier effective date for additional compensation for his spouse and step-children is denied. The appeal regarding overpayment of VA compensation benefits for a dependent spouse, M.N., is remanded.

The Board has remanded the case for further development regarding the appellant's claims of entitlement to death pension and special monthly pension (SMP). The appellant needs to provide a report of her current expenses, and the AOJ should recalculate her income. If SMP is denied, she must file a notice of disagreement.

The Board denied the Veteran's petitions to reopen his claims for service connection for deviated septum and dental disability compensation due to lack of new and material evidence.

The Veteran's tonsillar cancer was not incurred or aggravated during service and is not presumed to be related to his military service, including herbicide exposure. The claim for service connection is denied.

The veteran's discharge was found to be dishonorable due to willful and persistent misconduct, which bars the appellant from receiving VA death pension benefits.

Service connection is granted for myelomonocyte acute myeloid leukemia, myelodysplastic syndrome (MDS), and/or B cell leukemia based on in-service exposure to Agent Orange. Service connection is also granted for the cause of the Veteran's death due to MDS.

The Veteran's service connection claim for cancer of the larynx is granted as his exposure to herbicide agents during service is in equipoise, and he has a current diagnosis.

The Veteran's polycythemia vera was not incurred in service, and the Board found no causal link between his current condition and exposure to toxic chemicals during active duty.

The Board has decided that a VA medical opinion is needed to determine the nature and etiology of any ventricular tachycardia, including whether it is related to service-connected PTSD and neuropathy.

The Board denied service connection for hammertoes of both feet and residuals of a collapsed right lung, finding no evidence linking these conditions to the Veteran's military service.

The Veteran's esophageal reflux disability has not been rated based on the severity of his symptoms, and a new examination is needed to determine the current severity of his condition.