Other conditions decisions — 2018

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her failure to provide sufficient information regarding a trust account, which is essential for determining her eligibility.

The Veteran's current eye disorders, including cataracts and presumed ocular histoplasmosis, may be related to his active service. However, a VA examination is needed to determine the exact nature of these conditions and their relationship to service.

The Board finds that the Veteran's throat cancer is at least as likely as not incurred during his military service, and grants service connection for residuals of throat cancer.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of the appeal at this time.

The Board found that the Veteran's Chronic Myeloid Leukemia did not have its onset in service or within one year thereafter, and has not been etiologically linked to his service or any incident therein, including exposure to herbicide agents. Therefore, service connection for Chronic Myeloid Leukemia was denied.

The Board denied the appellant's claim for retroactive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code as she did not meet the criteria for such benefits.

The Veteran's recurrent furunculosis was granted a disability rating of 60 percent from May 15, 2007 to September 9, 2015. Service connection for tinnitus and right shoulder disability were denied. Bilateral hearing loss service connection is pending.

The Board has granted the Veteran's claim for service connection for bony infarctions of the right distal femur, finding that it is at least as likely as not related to his in-service chondromalacia and aggravated by his service-connected low back disability.

The Veteran's injury to flexor muscles of the right elbow is manifested by constant pain, weakness, and inability to keep up with work requirements. The Board has determined that a 30 percent rating is warranted for this condition.

The Board found that the Veteran's personality disorder is not a disease or injury within the meaning of VA compensation laws, and thus service connection for an acquired psychiatric disorder cannot be granted.

The Board has remanded the case for further development due to missing VA treatment records, specifically an October 8, 2015, pulmonary specialist consultation report.

The Board has determined that the Veteran is competent to manage his financial affairs and therefore finds him competent for VA purposes.

The Veteran's service-connected lumbar spine disability was not productive of forward flexion limited to 30 degrees or less, ankylosis, incapacitating episodes, or left lower extremity radiculopathy since March 23, 2017.

The Veteran's claim for an increased rating for his hypercoagulable state status-post left deep vein thrombosis with factor V deficiency was granted, and he is now rated at 40 percent effective October 2, 2013.

The Board finds that the loss of taste resulting from the January 2008 surgery is not compensable under 38 U.S.C. § 1151, as it was a direct result of the care provided by VA.

The Board determined that the reduction of the Veteran's disability rating from 60% to 30% for his service-connected status post right lung middle lobe lobectomy was proper and restored the 60% rating effective May 1, 2012. The claim for new and material evidence regarding bilateral hearing loss was granted, but the service connection claim for bilateral hearing loss was denied. The Veteran's claim for service connection for a bilateral shoulder disability was also denied.

The Veteran does not have active duty service during a period of war for the purposes of nonservice-connected pension benefits and therefore is denied basic eligibility.

The Board has determined that the Veteran's gout is not related to his military service and therefore denied the claim for service connection. The issue of an increased rating for GERD was granted in a previous decision.

The Veteran's claim for service connection for multiple myeloma, including as due to ionizing radiation exposure, has been remanded by the Board of Veterans' Appeals. The appeal is currently in a reopened status and will be reviewed again with consideration of new evidence.

The Veteran's marriage to the appellant did not meet the requirements for recognition as his surviving spouse, including failing to last for one year or more and being productive of a child. The claim is denied.