Other conditions decisions — 2018

The Board has granted service connection for the Veteran's non-Hodgkin's lymphoma, previously claimed as lymph nodes cancer, due to herbicide exposure during his service in Thailand. The condition is presumed to be related to Agent Orange exposure.

The appellant's claim for burial benefits was denied as the Veteran’s adult daughter had already been awarded $2,000.00 in service-connected burial benefits and she has priority.

The Board has decided to remand the claims for service connection and rating increases due to missing VA treatment records from 2014 to present. The RO must obtain these records before making a decision.

The Board denied service connection for the cause of the Veteran’s death due to lack of evidence linking the causes of death to his service or a service-connected disability. The appellant's new claims were found to be cumulative and redundant, thus not material.

The Veteran's smallpox vaccination residuals, which were initially a benign neoplasm and later a scar, are rated at 20 percent since October 1, 2008.

The Veteran's claim for service connection for a dental disability, for compensation purposes, is denied because the condition does not meet the criteria for compensable dental disabilities.

The Veteran's net worth was found to be too high for pension benefits, as his assets were sufficient to cover living expenses. The Board denied the claim due to failing to meet the net worth requirements.

The Veteran's death was not caused by a service-connected disability. The Board found that the Veteran's pulmonary tuberculosis, which he had been treated for since 1946 and considered inactive at the time of his death, did not contribute to his cause of death.

The Board has determined that the necessary documents for adjudicating this case are not available and has remanded the matter to the AOJ for further development.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records. The issue of an initial compensable disability rating for residuals of a right foot fracture, specifically of the superior aspect of the tarsal bone, will be addressed on remand.

The Board denied the reopening of a claim for service connection for atrial fibrillation and status post mitral valve replacement because new evidence did not contribute to a more complete picture of the Veteran's claim.

The Board has determined a 100 percent disability rating is warranted for chronic lymphedema throughout the period of the claim, involving the right upper extremity, supraclavicular area, and chest.

The Board denied the veteran's claim for nonservice-connected pension benefits due to a bad conduct discharge by court-martial, which is considered a bar to VA benefits. The appellant did not have active duty service during recognized periods of war and was found not insane at the time of his offense.

The Board has granted the Veteran's claim for service connection for a left foot disorder, manifested by nerve and soft tissue damage, as secondary to his service-connected right foot disability.

The Veteran's application for Chapter 33 educational assistance benefits for on-the-job training with ICE was denied because the training commenced prior to April 9, 2013, which is one year before the date of his claim. The Board found that VA cannot pay benefits more than one year prior to the date of claim.

The claim for reimbursement of transportation expenses incurred in transporting the Veteran's remains to a national cemetery is denied as there was no service-connected disability at the time of death and the appellant did not meet other criteria.

The Board dismissed the appeal regarding service connection for the cause of the Veteran's death due to the appellant withdrawing her claim. The appeal for status as a surviving spouse for VA pension benefits is remanded.

The Veteran's copayment status for the period of January 8, 2013 through January 7, 2014 is exempt due to reduced income after medical expenses were deducted.

The claim to reopen the service connection for the cause of death is granted, but the service connection itself is denied as the Veteran's death was not caused by a previously nonservice-connected disability.

The Board is remanding the cases for issuance of a Supplemental Statement of the Case (SSOC) addressing whether overpayments were properly created for nonservice-connected disability pension benefits in the amounts specified.