Other conditions decisions — 2018

The Board has remanded the case due to insufficient evidence on service connection for a stomach disorder. The Veteran's claim will be further evaluated with additional medical records and examination.

The Veteran's appeal regarding the reduction of compensation due to an offset for military retirement payment has been dismissed as he withdrew his appeal.

The Veteran's cause of death, Acute Myelogenous Leukemia (AML), is presumed to have been incurred in service due to exposure to herbicide agents, including Agent Orange. Service connection for the cause of death is granted.

The Veteran's service-connected perforated right ear drum has been rated as noncompensable, and his benign essential tremor is rated as noncompensable. The Board found that a compensable rating was not warranted for either condition.,For the left knee disability, the Veteran received a temporary 100% evaluation based on surgical treatment necessitating convalescence from November 17, 2017. However, the current 10% evaluation is based on post-operative instructions without an examination.

The veteran's surviving child, A.R.P., does not qualify for improved death pension benefits because her annual income exceeds the maximum annual pension rate.

The Veteran's claims for a higher initial rating in excess of 10 percent for laceration of the right long finger and right ring finger, status post-excision bony exostosis at the proximal interphalangeal joint of the right long finger on an extraschedular basis under 38 C.F.R. § 3.321(b)(1) and a total rating based on individual unemployability due to service connection disability (TDIU) were both denied.

The Veteran's initial compensable rating for chronic otitis externa was denied, and his service connection claim for a dental condition was also denied.

The Board denied the appellant's claim for accrued benefits, finding that she is not a qualifying 'child' and thus does not meet the legal criteria to receive such benefits. The appeal was dismissed as there are no other avenues of award.

The Board denied the Veteran's claims for payment or reimbursement of unauthorized medical expenses incurred at non-VA facilities on October 3, 2013, and October 13, 2013. The claim for October 15, 2013, treatment was also denied as a VA facility was feasibly available.

The Board has decided to remand the case due to insufficient notice regarding the overpayment of education benefits and the right to request a waiver within 180 days.

The Board denied the Veteran's attempt to reopen his service connection claim for HIV, finding that new and material evidence was not submitted.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's bilateral neuritis of the ulnar nerve and his in-service exposure to chemicals.

The Veteran's spouse did not have any pending claims for accrued benefits at the time of her death, so the appellant's claim for accrued benefits is denied.

The Veteran's glioblastoma was related to service and the cause of death, thus service connection is granted for both conditions.

The Veteran's low back disability has been granted a 60% rating effective September 20, 2018. The right lower extremity radiculopathy was also granted an initial 40% rating effective September 20, 2018.

The Board denied the Veteran's request to reopen his previously denied claim for service connection of bilateral eye disability, as new and material evidence was not submitted.

The Veteran's initial increased disability rating for IVDS, in excess of 20 percent, is denied. The reduction in the rating from 20% to 10% was restored as it did not impact his overall compensation and actual improvement in function was found.

The Board denied an adjustment to the appellant's nonservice-connected death pension benefits, finding that she failed to provide requested information regarding medical expenses.

The appellant was denied recognition as the Veteran's surviving spouse for purposes of entitlement to survivor benefits because she did not meet the criteria set by VA regulations.

The Veteran's claim for service connection for basal cell carcinoma, claimed as skin cancer due to Agent Orange exposure, is denied because the condition is not recognized as a disease associated with herbicide agent exposure. The evidence does not support a direct link between the Veteran's current diagnosis and his military service.