Other conditions decisions — 2018

The Veteran's increased rating claim for his schizoaffective disorder, including depressive type with panic disorder without agoraphobia and alcohol abuse, is being remanded due to the need for further development of his medical records and a new VA examination.

The Board has decided to remand the case for further action regarding whether the Veteran was a 'fugitive felon' and for addressing both portions of the overpayment creation. The Committee on Waivers and Compromises will then review the waiver issue.

The Veteran's claim for service connection was denied in July 2005, and he received a 100% disability rating from April 4, 2005 until his death on February 14, 2013. The appellant argues that the Veteran would have been entitled to enhanced DIC benefits if he had filed for service connection earlier, but this is not allowed as it is based on hypothetical entitlement.

The Board denied an earlier effective date for the resumption of full disability benefits on March 28, 2007 but granted a later effective date of January 30, 2013.,The decision was based on new evidence provided by the Oregon Department of Veteran Affairs and VA Form 21-526EZ showing the Veteran's release from prison in 2005.

The Board denied the appellant's claim for recognition as the Veteran’s surviving spouse, finding that they did not continuously cohabitate until the Veteran's death and that their separation was not due to the Veteran's misconduct or procurement without fault of the appellant.

The Board has determined that the Veteran's current diagnoses of peritoneal adhesions, helicobacter pylori, colon polyps, gastritis, hiatal hernia, and duodenitis are at least as likely as not related to his in-service symptoms. As a result, service connection for these conditions is granted.

The Board denied the Veteran's claim for service connection as there is no current diagnosis of a left thumb disorder related to military service.

The Board has remanded the case due to a need for an addendum opinion regarding the etiology of any current skin rash, particularly considering the April 1973 service treatment record showing symptoms.

The Board has remanded the Veteran's claims for autoimmune diseases, chronic joint pain, degenerative disc disease of the lumbar spine, left knee disability, right knee disability, interstitial lung disease, deep vein thrombosis, low testosterone, kidney disability, avascular necrosis, and hormone imbalance due to exposure to contaminated water at Camp Lejeune. The claims are remanded for additional development including obtaining VA outpatient treatment records from the VA medical center in Detroit, Michigan, dated January 1977 through 1978, and private treatment records from S.W., M.D. The Veteran's autoimmune diseases need clarification due to his service at Camp Lejeune.

The Veteran's cause of death, leukemia, is not etiologically related to his service. His service-connected disabilities did not contribute to his death.

The Veteran's herpes progenitalis was rated at a 10 percent disability rating from February 27, 2002 to August 30, 2002.

The Board denied the Veteran's claim for service connection for aortic valve replacement as secondary to residuals, cardiovascular accident, left thalamic with right sided weakness and ballistic tremors of the right arm due to lack of new and material evidence. The appeal is dismissed.

The Veteran's appeals for reopening his claim of residuals of a left eye injury and for an initial evaluation in excess of 10 percent for service-connected left knee chondromalacia have been dismissed as the Veteran has withdrawn his appeal.

The Veteran's spine disorder is remanded due to the VA examiner finding that it pre-existed service. The Board requests a new examination and opinion from a similarly-qualified examiner or a VA spine examination.

The Veteran's request for an extension of the delimiting date for his Montgomery GI Bill (Chapter 30) educational benefits was denied because he did not file a timely request and there were no circumstances that would allow for an exception.

The Board has decided to remand the claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for further development. The Veteran's TDIU claim will be reconsidered after obtaining additional medical opinions and records.

The Board has determined that the Veteran's cholangiocarcinoma is related to his service in Vietnam, and thus grants service connection for this condition.

The Board has reopened the claim of service connection for the cause of the Veteran’s death due to ionizing radiation exposure, but remanded for further development and procedural actions as outlined in 38 C.F.R. § 3.311.

The Board denied service connection for postoperative residuals of a mycobacterial avium-intracellulare (MAI) infection of the right lung, finding that the preponderance of evidence is against finding that it began during service or is related to an in-service injury, event, or disease.

The Board denied the Veteran's claim for service connection for radiation burns on his legs, finding that there is no evidence linking his current skin condition to his active duty service or any disease or injury therein.