Other conditions decisions — 2018

The Veteran is granted a disability rating of 60 percent for solar urticaria beginning February 7, 2014. This decision is based on the use of continuous immunosuppressive therapy to manage his condition.

The Board has reopened the claim of service connection for TMJ syndrome and granted it, finding that there is at least as likely as not a relationship between the Veteran's in-service injury and his current TMJ syndrome.

The Board denied the appellant's claim for accrued benefits as he is not a child and does not meet other eligibility criteria, including being an executor of his mother's estate. The appellant could potentially be eligible to receive reimbursement for expenses related to his mother's last sickness and burial but has not provided sufficient evidence.

The Board dismissed the appeal due to the appellant's death, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's daughter, L.L., was found to be permanently incapable of self-support prior to the age of 18 due to her disabilities. The Board granted recognition as a helpless child for VA benefits.

The Board granted the reopening of the appellant's claim for service connection for the cause of the Veteran’s death, finding that new and material evidence had been received. The primary cause of the Veteran’s death was atherosclerotic cardiovascular disease, which is listed among the diseases warranting presumptive service connection due to exposure to herbicide agents.

The Veteran's claim for an initial compensable rating for traumatic arthritis of the left foot prior to March 26, 2009, and to a rating in excess of 10 percent thereafter is being remanded due to incomplete medical records and the need for a new VA examination.

The Veteran's severe back pain, exacerbated by bending over and locking up of the back, was considered a medical emergency. The closest VA facilities were not feasibly available due to distance and travel time constraints, making it reasonable for the Veteran to seek treatment at a non-VA facility.

The Veteran's death was caused by polycythemia vera, which developed into B-cell leukemia. As the Veteran served in Vietnam and polycythemia vera is presumed to be related to Agent Orange exposure, service connection for the cause of death is granted.

The Veteran's death was caused by alcohol-related liver failure, bleeding from the gut, and lung fluid accumulation. These conditions were not service-connected.

The Board granted an effective date of April 18, 2013 for the award of Dependency and Indemnity Compensation (DIC) benefits. The appellant was notified about her DIC claim on April 18, 2013.

The Board denied service connection for Stargardt's disease as the evidence did not show that it was aggravated by military service and there is no clear and unmistakable evidence of its preexistence.

The Board granted service connection for chronic back strain, finding that the Veteran's credible statements and internal consistency of his reports to VA and treatment care providers outweighed the lack of service treatment records.

The Veteran's death was caused by congestive heart failure, which the VA examiner determined to be due to ischemic heart disease. As the Veteran served in Vietnam and had exposure to herbicide agents, his service-connected ischemic heart disease is presumed for purposes of service connection.

The Veteran's squamous cell carcinoma of the head and neck is presumed to be related to his in-service exposure to Agent Orange. However, service connection cannot be granted based on this presumption alone due to the specific nature of the cancer. The Board has therefore remanded for a determination on whether the cancer was directly related to the Veteran’s military service.

The Board is unable to make a decision on the service connection claims for numbing of the 3rd, 4th, and 5th fingers, left hand and radiculopathy, left upper extremity as there are insufficient opinions from VA examiners regarding their etiology. The cases are being remanded to provide adequate opinions.

The Board has remanded the claim for service connection for Crohn's disease, as it is unclear whether the symptoms began during service or are related to service-connected PTSD. The Veteran and his spouse have provided credible testimony about their gastrointestinal symptoms during and after service.

The Board has determined that the VA failed to notify the appellant of the evidence necessary to substantiate her DIC, death pension, and accrued benefits claim in accordance with 38 U.S.C. § 5103 and 38 C.F.R. § 3.159(b). The case is being remanded for proper notification.

The Veteran's right foot fungus condition is found to have originated during his active duty service and the claim for service connection is granted.

The Board has granted the Veteran's request to reopen his claim for service connection of myelodysplastic syndrome and has also granted service connection for this condition, attributing it to herbicide exposure during service.