Other conditions decisions — 2018

The Veteran's appeal for service connection for cancer of the lymph nodes and tonsils, including due to exposure to Agent Orange, is remanded. The appeal for a rating in excess of 30 percent from October 25, 2007, to October 19, 2008, and in excess of 60 percent from October 20, 2008, to March 17, 2009, and from July 1, 2009, for arteriosclerotic heart disease with hypertension status post coronary artery by graft is also remanded.

The Board has determined that the Veteran's joint and muscle pain, as well as his fatigue, are secondary to his service-connected PTSD. The decision is in favor of granting service connection for these conditions.

The Veteran's thoracic spine disability is currently rated at 10 percent, and a higher rating is being remanded due to the need for additional examination.

The Veteran's service-connected granuloma of the left lung was granted a 60% disability rating from March 17, 1994. A total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU) was also granted from that date.

The Board has determined that the Veteran's death was caused by squamous cell carcinoma of the lung, which is related to his in-service asbestos exposure. As a result, the cause of the Veteran’s death is considered service-connected.

The Board has remanded the claims for service connection and rating for macular drusen due to non-compliance with previous remand directives. The Veteran's right upper extremity disability is being reviewed, as well as his bilateral macular drusen.

The Veteran withdrew his appeal for the issue of entitlement to TDIU prior to the Board's decision.

The Veteran's claim for service connection for squamous cell carcinoma of the right nasal ala is denied as there is no current disability.

The Board denied the reopening of a previously denied claim for nonservice-connected pension benefits because new and material evidence was not received, as the Veteran's discharge is still considered dishonorable.

The Veteran's bilateral pes cavus with hallux valgus and hammertoes is characterized by marked tenderness under the metatarsal heads, very painful callosities, shortened plantar fascia, and varus deformity. An evaluation of 50 percent for bilateral pes cavus with hallux valgus and hammertoes has been granted.

The Veteran died in 1953 and is memorialized by a marked grave in a private cemetery. The claim for a government-furnished headstone or marker was denied because the Veteran did not meet the eligibility requirements set forth by law.

The Veteran's claim for a higher rating for his service-connected blindness and traumatic aphakia of the right eye is remanded due to outstanding VA treatment records and the need for an updated examination.

The Veteran's medical expenses for services rendered at Methodist Medical Center of Oak Ridge from July 2 to July 4, 2014 are being remanded due to the need for a proper medical opinion regarding whether his emergency condition continued beyond July 2.

The Veteran's service-connected degenerative joint disease of the left (non-dominant) elbow is being remanded for additional examination to assess the severity and range of motion.

The Board found that the overpayment was validly created due to the Veteran's reduction in credit hours and granted her request for waiver of recovery.

The Board finds that the Veteran was exposed to Agent Orange during his service in Vietnam and remands for a VA examination to determine if his current conditions are related to this exposure.

The Board has decided that the claim for apportionment of the Veteran's benefits on behalf of his child, R.I.W., prior to February 2018 is remanded due to lack of evidence showing financial support from the Veteran.

The Board has determined that the Veteran's tremors are related to his active service, and thus grants service connection for this condition.

The Veteran's VA Form 9 was timely filed as it was received within 60 days of the attorney's actual receipt of the SOC, which had been sent to an incorrect mailing address. The appeal is reinstated and the underlying claims are considered.

The claims for concurrent receipt of VA disability compensation and military retirement pay from January 1, 2014 to December 31, 2014, and proper payment pursuant to CRDP from January 1, 2005 to March 31, 2005 as the result of SMC have been denied. The Regional Office has already addressed these issues.