Other conditions decisions — 2018

The Board has granted service connection for the cause of the Veteran's death due to esophageal cancer, which is found to be related to in-service exposure to jet fuels. The motion for revision or reversal of the June 1995 RO rating decision on the basis of CUE was dismissed without prejudice.

The Board has granted service connection for TMJ as the Veteran's symptoms began during his military service and have continued since then.

The Veteran's son, A.A., is recognized as a helpless child due to his permanent incapacity for self-support prior to reaching the age of 18. The Board found that A.A.'s disabilities, including cerebral palsy and related physical limitations, rendered him unable to care for himself or sustain employment.

The Veteran's claims for initial compensable rating for Meibomian gland dysfunction and an initial rating in excess of 10 percent for a lump on the right side of the neck are being remanded due to insufficient examination details and lack of appeal action.

The Veteran's service connection claim for a cerebrovascular accident is remanded due to incomplete verification of his reserve service periods and lack of service treatment records.

The Board has decided to remand the case due to insufficient evidence regarding the appellant's need for aid and attendance or housebound status. The appellant will be provided another opportunity to submit private treatment records, and a new VA examination will be conducted.

The Board finds that the overpayment debt, in the amount of $23,997.00, was due to sole administrative error on the part of VA and is deemed invalid.

The Board has remanded the case to obtain additional information regarding the appellant's subsequent marriage and to determine her current marital status. The claim will be reconsidered based on all evidence of record.

The Board has granted service connection for a left Achilles tendon disorder and a left lower leg disorder, including an Achilles tendon and gastrocnemius muscle disorder. The claim was reopened due to new evidence showing a possible nexus between the disorders and active duty service.

The Veteran's claim for an effective date earlier than November 28, 2011 for service connection of HIV was denied as there is no evidence that he filed a formal or informal claim prior to this date.

The appeal was dismissed due to the Veteran's death, and no jurisdiction remains for further consideration.

The Board found that the Appellant's income exceeded the allowed amount for death pension benefits in 2010, leading to termination of her benefits. The appeal is denied.

The Veteran's emergency medical treatment at University of Florida Health from July 6 to July 9, 2014 is granted as the preponderance of evidence shows that a delay in seeking immediate medical attention would have been hazardous to life or health. The follow-up visit on July 17, 2014 did not meet the criteria for emergency treatment.

The Board has granted the reopening of the claim and determined that the appellant's character of discharge is a bar to VA benefits.

The Veteran's claim for service connection for residuals of cancer of the floor of the mouth was denied as there is no evidence that the condition was incurred in or aggravated by active service, including exposure to herbicide agents. The Board found that the cancer was not a presumptive disease associated with Agent Orange exposure and did not manifest within one year of service separation.

The Board has remanded the case due to incomplete service records and the need for further development regarding exposure to ionizing radiation. The Veteran's claim will be reviewed again after VA completes its investigation.

The Veteran's pleural plaques were rated as 30 percent disabling prior to November 1, 2014. From November 1, 2014 to June 28, 2016, the rating was non-compensable. After that date, a 10 percent rating is assigned.

The Veteran's skin disability is being remanded for a VA examination to assess its current severity.

The Board previously denied the claim for service connection for a left eye disability. The Court has remanded the case due to insufficient evidence regarding the etiology of the Veteran's current eye disorders.

The Veteran's eye disorder, specifically pterygiae, bilateral, not encroaching on cornea, requires further examination as the most recent VA examination may not have adequately captured its severity.