Other conditions decisions — 2018

The Board has granted service connection for partial loss of sense of smell and taste, finding that the Veteran's current diagnoses are related to his in-service symptoms.,Service connection was also granted for bilateral hearing loss, but the case is remanded as there is insufficient evidence regarding the etiology of the hearing loss.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's essential tremors and his military service, including presumed herbicide exposure. The Veteran's PTSD is also considered in determining if the essential tremors are aggravated by it.

The Board denied the appellant's claim for recognition as a child of the Veteran for death pension benefits due to lack of evidence showing he became permanently incapable of self-support prior to age 18, despite his allegations and medical records indicating disability.

The Veteran's daughter is not eligible for Dependents Educational Assistance Program (DEA) benefits because she was over 26 years old when her father became permanently and totally disabled.

The Veteran's claim for Post 9/11 GI Bill education benefits is remanded due to uncertainty regarding the nature of his service from February 2001 to May 2003. The Board needs to determine if this period qualifies as active duty for purposes of receiving these benefits.

The veteran's service was not sufficient to qualify for nonservice-connected pension benefits as he did not serve a required period of war, and his discharge was not due to a service-connected disability.

The Veteran's initial rating for panic disorder with agoraphobia was granted at 20 percent prior to May 1, 2014. After the pre-aggravation rate is subtracted from that level of disability, he is service-connected at the 40 percent level. The Board denied an increased rating in excess of 40 percent beginning on May 1, 2014 and denied entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's death was not caused by a service-connected disability, as his immediate cause of death was due to chronic obstructive pulmonary disease and arteriosclerotic cardiovascular disease. The Board found no evidence that the Veteran was exposed to herbicide agents in Thailand during his military service.

The Board has granted service connection for the cause of death due to cholangiocarcinoma, a type of liver cancer. The evidence is at least evenly balanced as to whether the Veteran's cholangiocarcinoma was related to his service, specifically to in-service exposure to liver flukes and/or Agent Orange exposure.

The Veteran's cause of death was not service-connected, and he did not meet the criteria for Dependency and Indemnity Compensation under 38 U.S.C. § 1318.

The Veteran withdrew his appeal, effectively dismissing the case.

The Board denied the appellant's claim for accrued benefits, finding that she is not an eligible child under VA regulations and thus cannot receive such benefits. The appeal was dismissed as there were no other issues related to service connection.

The Board has granted service connection for a bilateral foot disability, including ingrown toenails, hammertoes, and callouses, as these conditions are more likely than not due to the Veteran being issued improper size footwear during his period of active duty training (ACDUTRA).

The Board denied an earlier effective date for apportionment of the Veteran's benefits to his spouse, finding that the earliest possible effective date (August 1, 2009) had been assigned and thus no legal merit existed for the appeal.

The Board has remanded the claims for service connection for multiple joint arthritis, arthritis of the right leg, and arthritis of the left leg due to inadequate VA examination. A new medical opinion is required to determine if these conditions are related to in-service exposure to subzero temperatures.

The Veteran's cause of death, esophageal cancer and colon cancer, was caused by his in-service exposure to Agent Orange. Therefore, service connection for the cause of death is granted.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's hip replacements are aggravated by his service-connected lumbar degenerative disc disease. The claim will be returned for further examination and opinion.

The Board denied an apportionment of VA benefits to the Veteran's mother during his incarceration because her income exceeded the threshold for a dependent parent.

The Board has remanded the Veteran's claims for bilateral hand/wrist disorders and sinus disorder due to a lack of medical opinions regarding their relationship to service or service-connected conditions. The Veteran is also not service connected for TDIU.

The Board has ordered a remand to determine the Veteran's current parole status and assess the feasibility of completing his vocational rehabilitation program with third party monitoring software.