Other conditions decisions — 2018

The Board has granted service connection for the cause of the Veteran's death, finding that his presumptive exposure to herbicide agents in Vietnam contributed at least partially to his pancreatic cancer.

The Veteran did not have any pending claims for accrued benefits at the time of his death, and therefore the Appellant's claim is denied.

The Board is unable to determine if the Veteran elected educational assistance under Chapter 30 at the time of his entrance into military service, and thus needs to obtain relevant documentation from the appropriate service department.

The Veteran's appeal for a higher evaluation for his right fourth and fifth metacarpals disability was denied as he failed to report for the scheduled examination, and there is no evidence supporting an evaluation greater than 10 percent.

The Veteran's service-connected residuals from DVT and post-phlebitic syndrome in the right upper extremity are being remanded for a new VA examination to assess their current severity.

The Veteran's claim for a higher rating for his service-connected left upper extremity neurological disability is being remanded due to the passage of time since his last VA examination and the indication of worsening symptoms.

The Veteran withdrew his appeal, leaving only the issue of an initial rating in excess of 10 percent for vagus nerve condition with left vocal cord palsy. The Board dismissed the appeal as a result.

The Veteran's appeal regarding the apportionment of his VA disability compensation benefits on behalf of his spouse and children is denied as there was no undue hardship to him, and the evidence does not support living with another person.

The Veteran's service was not considered qualifying active duty for the purposes of Chapter 33 benefits, and thus he is denied educational assistance under the Post-9/11 GI Bill Program.

The Veteran's claim for education benefits under the Post-Vietnam era Veteran's Educational Assistance Program (VEAP) is denied because he did not make any contributions to VEAP during his active service.

The Board denied the Veteran's request for a waiver of overpayment of nonservice-connected pension benefits, finding that his fault in not reporting Workers' Compensation income outweighed any hardship to his family and that he was never entitled to these benefits due to excess income from other sources.

The Veteran's appeal for special monthly compensation (SMC) based on his spouse's need for aid and attendance is remanded due to incomplete medical records from St. Luke’s Hospital.

The Veteran's claim for service connection for a bilateral foot disability, including bunions and pes cavus, is being remanded due to the need for additional medical records and an examination.

The Board has remanded the case for a VA examination to determine if the Veteran's skin disability is related to his military service, specifically herbicide agent exposure and/or secondary to his service-connected type II diabetes mellitus.

The Veteran's left hip disability is currently rated at 30 percent, and a higher rating of more than 30 percent is denied.

The Veteran's request for retroactive payment of educational assistance benefits under Chapter 34 and/or Chapter 30 for an apprenticeship program completed in January 1969 is denied as the law prohibits such payments more than one year prior to the date of claim.

The Board dismissed the appeal because the appellant, who is an administrator of the Veteran's estate, does not have legal standing to pursue payment or reimbursement for unauthorized medical expenses incurred at Peconic Bay Medical Center due to the death of the Veteran during his hospitalization.

The claim for service connection for a bilateral foot disability, including calluses, bunions, and hallux valgus, is remanded due to the need for an addendum opinion from a VA examiner regarding the etiology of the Veteran's diagnosed foot disabilities.

The Veteran's motion alleging CUE was dismissed without prejudice to refiling due to insufficient details about the alleged error.

The Board has remanded the case due to deficiencies in its analysis, particularly regarding the relationship between the Veteran's diverticulitis and Agent Orange exposure. The VA must obtain complete records from Oakland General Hospital.