Other conditions decisions — 2018

The Board has reopened the Veteran's claim for service connection of Crohn’s disease due to new and material evidence. The case is remanded for further development, including a VA examination.

The Veteran's appeal for Total Disability Rating Based on Individual Unemployability (TDIU) prior to April 12, 2013 has been dismissed as the Veteran withdrew his appeal.

The Veteran's death was caused by recurrent massive pleural effusion due to chronic pancreatitis, which is not related to service. The Board found no evidence linking the cause of death to any injury or disease incurred during active duty for training (ACDUTRA) or inactive duty training (INACDUTRA).

The Veteran's nervous condition is rated at 70 percent, but no higher, effective February 24, 2011.,The Veteran was granted a TDIU based on his service-connected disabilities.

The Board has granted service connection for congestive heart failure, finding that the evidence is at least evenly balanced as to whether the Veteran's current condition was incurred in service.

The Board denied the Veteran's claim for service connection for ovarian cysts, finding that the August 24, 1960 rating decision was not clearly and unmistakably erroneous. The Veteran's gynecological disability prior to January 5, 2017 did not meet the criteria for a compensable initial evaluation.

The Veteran's unauthorized medical expenses incurred at Boca Raton Regional Hospital on April 16, 2012 and from April 19 through April 21, 2012 are denied as the VA facilities were feasibly available to provide necessary treatment.

The Veteran's disability rating for amputation of the left second toe was increased from 10% to 30%, effective August 5, 2014.

The Veteran's claims for higher ratings and effective dates have been denied. The VA has also remanded the issues of rating laryngeal cancer residuals and special monthly compensation.,The Veteran's service-connected disabilities, including stab wounds to his arms and a history of laryngeal cancer, are currently rated at 0 percent.

The Veteran died in December 2013 and the appellant filed for burial benefits. The claim was denied as there was no service-connected condition at the time of death, and the appellant did not have an original or reopened claim pending.

The Board has determined that the Veteran's fatal pulmonary fibrosis was caused by his exposure to trichloroethylene (TCE) during service, and thus grants service connection for the cause of the Veteran's death.

The Board is remanding the claims for service connection on an accrued benefits basis for multiple myeloma and for the cause of death due to outstanding VA treatment records being unavailable.

The Board has remanded the claim for entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The case will be readjudicated and an SSOC must be issued.

The Board found that the overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits was properly created due to an administrative error by the institution, but the appeal is remanded for a determination on whether repayment would cause financial hardship.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for VA compensation or pension at the time of his death. The Veteran received hospice care from a private facility, which is not covered by VA regulations.

The Veteran's claim for service connection for a pituitary adenoma and/or acromegaly due to in-service exposure to herbicide agents is being remanded as new evidence has been submitted.

The Veteran's claim for Post-9/11 GI Bill (Chapter 33) education benefits was remanded due to an unclear calculation of the total amount of Chapter 30 benefits used, which is necessary to determine if there are any remaining benefits available under Chapter 33.

The Veteran's left fifth finger disability has been rated as noncompensable under Diagnostic Code 5227. The Board found that the disability picture is adequately contemplated by the rating schedule and did not present an exceptional or unusual disability picture, thus denying a compensable rating and any extraschedular consideration.

The Board denied service connection for Chronic Myelogenous Leukemia (CML) as claimed due to ionizing radiation exposure, finding that the condition is less likely than not related to the Veteran's military service.

The Veteran's request for a waiver of the recovery of an overpayment of VRAP benefits in the amount of $3,021.33 was timely filed and is granted.