Other conditions decisions — 2018

The Board has remanded the claims for additional development due to new medical evidence submitted by the Veteran. The case will be returned to the agency of original jurisdiction (AOJ) for further action.

The Board determined that the Veteran's death was not caused by a service-connected disability, and denied his claim for cause of death benefits.

The Board dismissed the appeal due to the death of the appellant.

The Board has granted a 30 percent rating for the Veteran's bilateral proximal tibia stress fractures with compartment syndrome, effective June 11, 2007. The TDIU claim is moot due to the Veteran already receiving a permanent evaluation of 100 percent for his service-connected mood disorder.

The Board found that the Veteran's penis related disability, including impotence, is not related to service or service-connected conditions and denied the claim.

The Board has ordered additional development to determine if the Veteran was exposed to asbestos in service and whether such exposure led to his fatal lung cancer.

The Board denied the Veteran's request for a waiver of overpayment of additional VA benefits for his spouse, finding that recovery would not be against equity and good conscience due to fault on both the Veteran's and VA's part in creating the debt.

The Board has remanded the case due to incomplete development of records and a need for clarification on whether the Veteran's right knee conditions are related to service.

The appeal for a TDIU prior to June 17, 2016 has been dismissed as the Veteran's representative withdrew the appeal.

The Veteran seeks service connection for squamous cell cancer of the throat based on in-service exposure to herbicides. The claim is remanded due to insufficient evidence regarding a link between Agent Orange exposure and the development of squamous cell carcinoma.

The Veteran's effective date for a 100 percent rating for service-connected schizoaffective disorder is set to March 17, 2008. The Board found that the increase in severity of his condition became factually ascertainable on this date.

The Board has determined that the Appellant's discharge for his period of service from September 1991 to March 1994 is not a bar to VA benefits, and thus grants the appeal.

The Board found that the overpayment of $33,228.33 was not properly created due to VA's administrative error and not the Veteran's fault. The appeal is granted.

The Veteran's claim for a rating in excess of 20 percent for thrombophlebitis of the left lower extremity is being remanded due to the need for a new VA examination.

The Board has decided to remand the case for additional development, including obtaining updated VA and private treatment records, scheduling a VA examination, and considering the Veteran's claim of service connection for lower back strain.

The Veteran requested the withdrawal of her appeal for entitlement to accrued benefits, and this request has been granted.

The Board has ordered additional development to determine if the Veteran's PTSD caused or aggravated his heart attack, which led to his death. The appellant and her attorney claim that the Veteran's heart attack should be service-connected on a presumptive basis as he stepped foot in Vietnam.

The Board found that the decedent did not have any qualifying active duty service for pension purposes, as his period of ACDUTRA was determined to be from September 25, 1973, to February 6, 1974. As such, he could not qualify for nonservice-connected pension benefits.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's respiratory cancer, specifically larynx, is granted service connection due to exposure to herbicides, including Agent Orange, during his active duty in Thailand.