Other conditions decisions — 2018

The Board has vacated its previous decision denying service connection for gastrointestinal cancer, finding that the December 2017 decision was not based on all relevant evidence. The Veteran's current gastrointestinal cancer is not shown to be related to his military service.

The Veteran's claim for reimbursement of unauthorized private medical expenses incurred on September 12, 2011 at Strong Memorial Hospital in Rochester, New York was denied because the claim was not filed within 90 days of the last day of treatment and there is no evidence that she took any action to obtain payment or reimbursement from a third party.

The Veteran's ventral hernia warrants an initial evaluation of 40 percent, but no higher.

The Board has determined that the Veteran does not have a compensable dental disability for which service connection is warranted. Additionally, there is no evidence to support a finding of unemployability due to his service-connected disabilities.

The Board determined that the appellant is not entitled to an increase in nonservice-connected death pension benefits as her income does not exceed the maximum annual pension rate.

The Veteran's appeal for educational assistance benefits was denied because he did not meet the medical requirements necessary for a commercial pilot's license on the first day of his flight training course, specifically lacking a valid second class medical certificate.

The Board found that the Veteran was a fugitive felon from July 23, 2004 to September 11, 2009 and terminated his VA benefits for this period. The benefit-of-the-doubt doctrine does not apply as the preponderance of evidence is against the claim.

The Veteran's claim for service connection for a pulmonary/respiratory disorder due to in-service asbestos exposure is being remanded for further development.

The Board has determined that the Veteran's disabilities, including residuals of a head injury (TBI), neck injury, back pain, bilateral hand numbness, and right leg pain, are related to service. The claims for service connection have been granted.

The Board denied the Veteran's claims for service connection for residuals of head trauma due to head injury and a lung condition due to asbestos exposure. The claim for residuals of head trauma was denied as new and material evidence had not been received, and the lung condition was found not related to service or asbestos exposure.

The Veteran's bilateral brachial plexus palsy has been evaluated as 30 percent for the right upper extremity and 20 percent for the left upper extremity, with no higher ratings being warranted based on the current evidence of record.

The Veteran's service-connected disabilities, including decreased sensation in the left cheek through the left neck and right cheek, have not met the criteria for higher initial evaluations since August 11, 2016.

The Board found that the Veteran's current low back disability is not related to his active duty service, and thus denied his claim for service connection.

The Board has determined that the Veteran does not have a right elbow disability that was incurred during or within one year of his active military service, and thus denied his claim for service connection.

The Veteran's claim for service connection for multiple myeloma was not pending at the time of his death, and therefore, accrued benefits cannot be awarded.

The Board has decided that a remand is necessary to obtain additional VA treatment records and conduct another VA examination to determine if the Veteran currently has nasal polyposis related to service.

The Board has granted service connection for chronic dry eye syndrome, finding that the symptoms began during active duty.

The Veteran's left forearm disability, characterized by numbness and limited use over his arm, is currently rated as 10 percent disabling due to mild incomplete paralysis of the median nerve. The evidence does not support a higher rating.

The Veteran's appeal for service connection for a respiratory disorder, which was secondary to asbestos exposure, has been dismissed due to the Veteran's death.

The Board denied the Veteran's claim for service connection for hairy cell leukemia, finding no new and material evidence to reopen the claim.