Other conditions decisions — 2018

The Veteran's squamous cell carcinoma of the base of the tongue was not shown to be related to service, including presumed exposure to herbicide agents like Agent Orange.

The Board dismissed the appeal because a waiver for the overpayment generated from removing the Veteran's mother as his dependent was already granted in February 2017.

The Veteran's request for a waiver of overpayment of nonservice-connected pension benefits in the amount of $47,543.00 is granted due to undue financial hardship and other equitable considerations.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the etiology of his claimed myasthenia gravis and the impact of his service-connected disabilities on his employability.

The Board denied the claim for nonservice-connected burial benefits as none of the criteria for such benefits were met, including that the Veteran was not receiving VA compensation or pension at the time of his death and did not have an original or reopened claim pending.

The Board finds that the amount of retroactive payment awarded to the Veteran based on a rating decision dated in July 2012 was proper, and denies the appeal.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's hyposmia and ageusia are due to an organic disease of the nervous system, which initially manifested during his military service. Therefore, the claim for service connection is granted.

The Veteran's death was not service-connected, and therefore the appellant is only entitled to $300.00 for nonservice-connected burial benefits. Since the Veteran was cremated, no plot or interment allowance can be awarded.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's claimed dementia disorder, as well as whether it is at least as likely as not related to active duty service. The case will be remanded for this purpose.

The Veteran's claim for service connection for a pulmonary disorder, including as due to in-service asbestos exposure, is being remanded for additional development and consideration.

The Veteran's claim for service connection for deep vein thrombosis, left lower extremity is being remanded due to the need for a more comprehensive opinion regarding whether his current condition is related to his active military service or secondary to his service-connected left knee disability.

The Board has determined that the Veteran's current right thigh and groin disorder is not related to his active military service, as there was no chronic disability found in service and no evidence of ongoing symptoms or treatment post-service. The preponderance of the evidence supports a finding against the claim.

The appellant withdrew from appeal the claim of entitlement to a Government-furnished memorial headstone or marker.

The Board found that the service-connected disabilities did not cause or contribute to the Veteran's death due to a motor vehicle accident. The medications prescribed for his service-connected conditions were noted to have potential side effects of drowsiness, but this was not considered significant given the primary cause of daytime sleepiness attributed to non-service-connected sleep apnea.

The Board denied service connection for an acquired psychiatric disorder other than PTSD, as the Veteran's alcohol use disorder is not related to his service-connected disabilities. The increased ratings for bilateral hearing loss and BPH were also denied. The initial compensable ratings for hypertension and TDIU were also denied.

The Board has remanded the case for additional development due to the need for a new medical opinion regarding the nature and etiology of the Veteran's right leg disorder, including whether it is related to active military service.

The Board finds that the Veteran does not have current disability related to a head injury incurred during service, and thus denies his claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and arranging for a VA examination to assess the severity of his right great toe disability.

The Board has remanded the case for additional development due to inadequate examination report and missing treatment records.

The Veteran's preexisting cerebral palsy was aggravated by his active duty service, and the Board finds that he is entitled to service connection for residuals of cerebral palsy including right arm pain.