Other conditions decisions — 2018

The Board denied the Veteran's claim for Post-9/11 GI Bill education benefits in excess of the 50 percent rate, finding that his periods of service did not qualify as creditable active duty service and therefore he is only eligible at the 50 percent benefit level.

The claim for burial benefits greater than $300.00 and transportation expenses greater than $395.00 is denied as there is no legal basis to award any higher amounts.

The Veteran's surviving spouse is denied eligibility for DIC benefits, accrued benefits, and death pension due to the appellant not meeting the legal requirements of a valid marriage under Puerto Rico law.

The Board previously granted a 30 percent rating for ulcerative colitis prior to September 26, 2015. The Veteran appealed the decision and the Court found that the issue was abandoned as he did not dispute the rating assigned since September 26, 2015. The Court also remanded the issue of a rating in excess of 30 percent for ulcerative colitis prior to September 26, 2015 due to insufficient examination findings.

The Board has determined that the Veteran's stroke and its residuals are likely due to his exposure to Agent Orange during service, resulting in a grant of service connection.

The Veteran's claim for service connection for colitis/Crohn’s disease was granted, and the appeal for a rating in excess of 40 percent for diplopia was dismissed. The Board found new and material evidence sufficient to reopen the previously denied claim for service connection.

The Board has decided to remand the case due to a lack of VA examination records and the need for further evaluation of the Veteran's service-connected right lip and chin disability.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to chemicals and toxic substances during service, as well as his current lung disorder. The Veteran will need to provide authorization for any private medical records and outstanding VA records related to his claims.

The Veteran's TDIU claim is denied as he has been able to maintain gainful full-time employment despite his service-connected disability. The Board finds that the accommodations provided by his employer do not constitute a protected work environment or marginal employment, and thus does not meet the criteria for TDIU.

The Veteran's income exceeds the maximum allowable pension rate, thus denying his claim for nonservice-connected pension benefits.

The Veteran's TDIU claim was denied because he did not complete the required VA Form 21-8940, which is needed to establish his employment history and educational background.

The Veteran died from cardiac failure due to hypertensive cardiovascular disease. The VA examiner found no evidence linking the cause of death to his active service, and the Board denied the claim for service connection.

The Board denied service connection for a lung disability and benign neoplasms of the right lower lobe, both linked to asbestos exposure. The evidence did not support a finding that these conditions were incurred during service.

The Board has determined that the Veteran's masticatory muscle disorder is related to her service, and thus grants service connection for this condition.

The Board is remanding the case to attempt to obtain service treatment records and VA treatment records, including those from the Durham VAMC. The claim will be reconsidered after these records are obtained.

The Board has decided to remand the case due to unclear need for regular aid and attendance of another person caused by service-connected disabilities. The Veteran needs an appropriate VA examination to address this issue.

The Veteran's skin disease, including actinic and seborrheic keratosis; hemangioma and cyst, is remanded for further development as the Board finds insufficient evidence to determine if it is related to service.

The Board has determined that the Veteran's traumatic arthritis of the right hand is attributable to an injury during service, and thus grants service connection for this condition.

The Veteran's claims for service connection for metatarsalgia and eye disability (claimed as blindness) have been reopened, but the Board has determined that additional development is needed to determine if these conditions are related to active service.,For the metatarsalgia claim, a VA examination is required to assess whether it is at least as likely as not related to active service or any incident of service. For the eye disability (claimed as blindness) claim, a VA examination is also required to assess its relationship with service.

The Veteran's cause of death was acute pulmonary edema and cardiomyopathy, which are not service-connected. The Board denied the claim as there is no evidence linking these conditions to service or service-connected disabilities.