Other conditions decisions — 2018

The Board has determined that further clarification is needed regarding the Veteran's periods of service and the characterization of the status of pertinent periods. The matter is REMANDED for the RO to make another request with DoD to determine the aggregate length of the Veteran’s periods of active duty service for Post-9/11 GI Bill purposes, considering the current revised/expanded definition 'active duty' under Pub. L. No. 111-377.

The appeal for Total Disability Rating due to Individual Unemployability (TDIU) is dismissed because the appellant died during the pendency of the appeal.

The Board has granted a waiver of overpayment for $14,568 in VA pension benefits due to minimal fault on the part of the appellant and considerable fault on the part of VA. The decision is based on equity and good conscience.

The Veteran's dental disability is granted as service connected due to improper restoration of her teeth in service, resulting in bone loss and inflammation.

The Board denied the Veteran's claim of service connection for his right-hand condition, finding that there is no evidence linking his current inflammatory arthropathy to any in-service hand strain or to a pre-existing condition.

The Veteran's cause of death was due to glioblastoma, which the Board found not related to service. The appeal for service connection for the cause of death is denied.

The Board found that the overpayment of Chapter 33 education benefits was valid and granted a waiver of recovery, as it would cause undue financial hardship for the appellant.

The Board has determined that the issue as developed by the AOJ, regarding an apportionment of the Veteran’s VA benefits to the appellant on behalf of D.W., is not ripe for appellate review due to procedural issues. The case involves a simultaneously contested claim and requires full compliance with contested claims procedures.

The Veteran's glioblastoma was not incurred as a result of active duty service, nor may the disorder be presumed to have been incurred in service. The cause of death due to glioblastoma is also denied.

The Veteran requested to withdraw his appeal of the denial of a TDIU. As a result, the Board has dismissed this issue.

The Veteran's appeal was dismissed because he died before a decision could be made, and the claim is now moot.

The Veteran's non-VA medical expenses incurred due to abdominal pain and shortness of breath on April 27, 2015 are granted as the treatment was necessary due to an emergency condition that could have been hazardous if delayed.

The Veteran's loss of vision in the right eye was not caused by VA treatment or medications for high blood pressure, and therefore compensation under 38 U.S.C. § 1151 is denied.

The Board has determined that the Veteran's acute myeloid leukemia is related to his service, and thus grants service connection for this condition.

The Board has remanded the case for further proceedings, including obtaining an addendum medical opinion or new examination to clarify which fingers are affected by the Veteran's service-connected scar and addressing his contention that he has 'broken' skin on his left palm.

The Veteran's bilateral eye disorder, specifically subconjunctival prolapse of orbital fat, was not caused by VA carelessness, negligence, or similar fault. The Board found no evidence to support a cause and effect relationship between the cataract surgeries and the development of the condition.

The Veteran's claim of service connection for groin rupture and hernia is granted, as well as his claim for compensation under 38 U.S.C. 1151 for a stroke caused by VA healthcare.

Your appeal for nonservice-connected pension has been dismissed because your representative requested to withdraw the appeal.

The Veteran's initial ratings for left and right foot disabilities have been denied as they do not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has determined that the Veteran's left hip arthritis, which developed to a compensable degree within one year of his discharge from active duty in January 2005, is presumed to have had its onset on active duty and service connection is granted.