Other conditions decisions — 2018

The Board denied the Veteran's claim of service connection for bilateral leg arthritis, finding that new and material evidence had not been received to reopen the claim. The TDIU claim was granted from July 16, 2008.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations. The case will be returned for further review.

The Board has granted service connection for hydrocephalus, finding that it is a qualifying chronic disability of a medically unexplained chronic multisymptom illness and thus meets the criteria for presumptive service connection under 38 U.S.C. § 1117.

The Board found that the Veteran's respiratory disorder was not incurred in or aggravated by active service and denied his claim.

The Board finds that the appellant's countable income for death pension benefits was $4,870.32 during the period from January 1, 2009 to December 31, 2009, and grants her request.

The Veteran seeks compensation under 38 U.S.C. § 1151 for additional disability caused by VA treatment, alleging misdiagnosis and delay in diagnosis of breast cancer.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any heat related disability and heart disability. The issues on appeal are service connection for heat intolerance/heat stroke and service connection for heart attack, claimed as secondary to heat intolerance/heat stroke.

The Board found that the Veteran's left foot condition is not related to his active duty service and denied his claim for service connection.

The Veteran's obesity is not service-connected, but he is granted a 100 percent rating for his bronchiectasis due to the need for outpatient oxygen therapy since March 22, 2017.

The Board has determined that the Veteran's cause of death, acute respiratory distress syndrome resulting from AML, is attributable to exposure to toxic herbicide agents during his military service in Vietnam. The Board finds that this condition is related to Agent Orange exposure and grants service connection for the cause of the Veteran's death.

The Board has reopened the claim of service connection for the cause of the Veteran's death and granted it, finding that new evidence supports a causal relationship between the Veteran's exposure to asbestos in service and his development of bladder and colon cancer, which led to his death from carcinomatosis.

The appellant and the Veteran contend that the appellant was born with spina bifida resulting in a hole in the appellant's back. The VA is remanding the case for further examination to determine whether the appellant has had a form or manifestation of spina bifida, or residuals thereof, during the appeal period.

The Board has determined that additional development is needed to address the appellant's claims, including obtaining an opinion regarding whether the Veteran's death was related to his service and seeking clarification from the appellant on her desire to pursue these claims as a substitute claimant or for accrued benefits purposes.

The Veteran's service-connected chronic left hand strain, residual of left 4th metacarpal fracture, is manifested by limitation of motion and complaints of pain, tingling, numbness, weakness, and rigidity. The Board finds that the preponderance of the evidence is against a higher evaluation.

The Veteran's claim for an increased rating for Achilles tendonitis of the right heel was denied. The effective date for service connection remains January 28, 2011.

The Board found that the overpayment of pension benefits for the period from January 2008 to June 2009 was not properly created due to administrative error, and granted a waiver of recovery of this overpayment.

The Board finds that the Appellant does not meet the definition of surviving spouse for VA death benefits purposes due to her legal divorce from the Veteran at the time of his death, and thus is denied.

The Veteran's service-connected disabilities result in the need for regular aid and attendance of another person due to his inability to dress, bathe, prepare meals, manage medications, and perform daily activities without assistance.

The Board denied the Veteran's claims for increased ratings for left facial nerve palsy and Frey's Syndrome, finding that the evidence did not support a higher rating based on the severity of the conditions.

The Board has determined that new and material evidence has been submitted to reopen the claim of whether the character of the appellant's discharge from service should be a bar to VA benefits. The Board also found that the character of the appellant's discharge is not dishonorable for VA purposes, thus not serving as a bar to his possible receipt of VA benefits based on that period of service.