Other conditions decisions — 2018

The Veteran's current right foot disability is related to an in-service ship collision where he sustained broken third and fourth toes. The Board finds that a VA examination is needed to determine the etiology of his right foot disability.

The Veteran's claim for service connection for cataracts and hypertensive retinopathy is being remanded due to the need for a medical opinion on their etiology.

The Veteran's oropharyngeal cancer and squamous cell carcinoma of the base of the tongue are granted service connection due to presumed exposure to Agent Orange during his Vietnam service.

The veteran's request for VA home loan guaranty benefits was denied because he did not meet the eligibility criteria, specifically having less than six years of creditable service in the Selected Reserve and being discharged due to unsatisfactory performance rather than a service-connected disability.

The Veteran's appeals for left leg disability, right eye injury residuals, and total rating based on service-connected disabilities have been dismissed due to the Veteran's death.

The Veteran's appeal for higher ratings for his service-connected hallux valgus with hammertoes of both feet is remanded due to the need for a new VA examination.

The Veteran's right and left leg disabilities, specifically right leg compartment syndrome and left leg compartment syndrome, are rated at 10 percent each prior to July 18, 2014 for the right leg and March 6, 2015 for the left leg. The Board has granted these ratings but has also remanded the issues of determining appropriate ratings from September 1, 2014 (right leg) and May 1, 2015 (left leg).

The Veteran's lung cancer was granted service connection based on presumptive exposure to Agent Orange, effective from March 12, 2004. The decision is presumed correct as there is no clear and unmistakable error.

The Board is remanding the cases for obtaining missing treatment records from the Saginaw VAMC and any VA treatment records from December 2015 to the present regarding bladder and bowel incontinence.

The Board denied the Appellant's claim for death pension benefits as she was not shown to be permanently incapable of self-support by reason of a mental or physical defect at age 18, and her marriage barred her from receiving benefits.

The Veteran's spouse seeks retroactive eligibility to education benefits, but the Board denied this claim as her application was received after one year from the date of the RO decision awarding permanent and total disability.

The Veteran's death was caused by glioblastoma, a disease presumed to be related to his exposure to herbicides in service. The Board granted service connection for the cause of the Veteran's death based on this presumption.

The overpayment of $5,514 was not properly created due to the VA's repeated failure to remove the spouse from the Veteran's award after their divorce. The Veteran notified VA promptly of his divorce and again reported his status when requested.

The Board has determined that there is not enough evidence to support the claim of [Insert the issue as it will appear in the decision here]. As a result, the appeal is denied.

The Veteran's death was caused by Acute Myelogenous Leukemia, which is believed to be related to his exposure to Agent Orange during service.

The Board found that the reduction of death pension benefits from $314 to $313, effective December 1, 2011 to November 30, 2012, based on a corrected accounting of SSA benefits was proper.

The Veteran's service-connected hallux rigidus and arthritis of the right and left foot great toes are rated at 10 percent each. Service connection for tinnitus is granted.

The Board has reopened the claim and found new evidence that suggests the right eye disability may not be related to service. However, the current evidence does not support a finding of service connection for residuals of a right eye injury.

The Veteran's request for service connection for a mental health condition is remanded due to the need to obtain his medical records from Big Spring State Hospital and confirm any SSA claims he may have filed prior to 2004.

The Board denied the Veteran's claims for service connection for a left chest/rib disorder, a left arm disorder, and a respiratory disorder (COPD), finding that there was no current diagnosis of these conditions and insufficient evidence to link them to service.