Other conditions decisions — 2018

The Veteran challenges the reduction in his rating for non-Hodgkin's lymphoma from 100% to noncompensable effective January 1, 2012 and also argues that a higher evaluation is warranted. The appeal requires obtaining private treatment records and a VA medical opinion.

The Board denied accrued benefits in excess of $888.00 due to the Appellant, finding that she did not bear expenses exceeding this amount for her aunt's last sickness and/or burial.

The veteran died from ALS, a service-connected condition. The surviving spouse did not file for DIC benefits within the required timeframe due to remarriage and regulatory changes.

The Board has determined that the Veteran's bilateral ingrown hallux nails, claimed as bilateral ingrown hallux nails, are service-connected. The condition is believed to have developed during his military service and continued after separation.

The veteran's children cannot receive the deceased spouse's accrued benefits as they are not considered a member of the enumerated categories for receiving such benefits. The claim is denied.

The Veteran's initial claim for right ulnar nerve compression was denied, and his subsequent claims for increased ratings were also denied. The Board found that the Veteran did not meet the criteria for a higher rating at any point during the period of appeal.

The Veteran's unauthorized medical expenses incurred at CRMC for a neurological condition are granted as the delay in seeking treatment would have been hazardous to his health, and no VA facility was feasibly available.

The Veteran's application for Chapter 33 educational assistance benefits was denied because the training program he sought to use his benefits for began before October 31, 2013.

The Veteran died of ALS, a disease presumed to be caused by exposure to herbicide agents. The appellant submitted a claim for DIC benefits on February 5, 2015, and service connection was granted from February 5, 2014. An earlier effective date is denied as the earliest possible effective date is September 23, 2008 (the effective date of the liberalizing regulation), or one year prior to the appellant's application (February 5, 2014).

The Board has determined that the Veteran is not eligible for VA educational assistance benefits under either Chapter 1606 or Chapter 33, as his service did not meet the eligibility criteria established by law.

The Board denied the veteran's claim for educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) because his discharge was a bad conduct discharge, which disqualifies him from receiving these benefits.

The Veteran's service-connected diverticulosis is rated at a maximum of 30 percent, which is the highest rating available under the applicable diagnostic code. The condition has been consistently manifested by alternating episodes of constipation and diarrhea with abdominal distress throughout the appeal period.

The Veteran's service connection for multiple myeloma is granted due to presumed exposure to herbicide agents during his active military service.

The Veteran's appeal has been dismissed due to his death, and the case is referred for substitution by a surviving spouse.

The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory disorder, specifically eosinophilic granuloma. Additional VA examinations and records are needed to determine if a current respiratory disorder exists and whether it is related to service.

The Veteran submitted new evidence regarding his claim and requested that it be reviewed by the AOJ. The Board has decided to remand the case for further review of this new evidence.

The Board has denied the extraschedular rating for low back disability and remanded the TDIU issue. The referral for a separate rating for objective neurologic abnormalities associated with a low back disability is also remanded.

The Board has remanded the case due to insufficient information on the nature and etiology of the Veteran's skin disorders, specifically a soft tissue mass on his back and arm rash. The VA needs to conduct further examination and provide an opinion regarding whether these conditions are related to service.

The Veteran did not have any VA benefits that were due and unpaid at the time of his death, so there are no accrued benefits to be paid.

The Veteran's cause of death, malignant glioblastoma, is not related to service or a service-connected disability.