Other conditions decisions — 2018

The Board denied the Veteran's claims for service connection for a dental disability and dismissed his appeal regarding an earlier effective date for PTSD based on clear and unmistakable error (CUE).

The Veteran's appeal for TDIU was dismissed due to his death, and the case is now moot.

The Board denied the appellant's request to reopen his claim regarding whether his character of discharge remains a bar to VA benefits, finding no new and material evidence has been received.

The Veteran's petition to reopen his claim for service connection for non-essential tremors based on new and material evidence is granted. The issue of entitlement to service connection for essential tremors is remanded.

The Veteran's skin condition, manifested as cutaneous abscesses and rashes, has been granted an initial evaluation of 10 percent under Diagnostic Code 7821. The condition does not meet the criteria for a higher rating.

The Board found that the appellant did not promptly notify VA of changes in her and her daughter's SSA income, resulting in an overpayment of $2,634.00 for nonservice-connected death pension benefits. The appeal is denied.

The Board finds that there is an indication that the Veteran's eye condition may be related to his active duty service, but insufficient evidence has been provided to decide this claim. A VA examination is necessary.

The Board has decided to remand the case due to unclear calculations of overpayment and potential administrative errors. The Veteran's representative will be notified of their right to respond within a year.

The Veteran's basic eligibility for Chapter 30 educational assistance benefits is granted because his discharge was due to a service-connected disability, which satisfies the requirements for receiving these benefits.

Your previous request to reopen your claim of service connection for a right Achilles condition has been denied. However, the VA has already granted this benefit in a July 2017 rating decision.

The Board has determined that the Veteran's service-connected left foot disabilities have rendered moot his claim for compensation under 38 U.S.C. § 1151 for additional left foot disabilities, as these conditions are already covered by his granted service connection.

The Veteran's service-connected actinic keratosis of the face is not shown to meet the criteria for an initial compensable evaluation, as it does not involve localized or episodic cutaneous involvement and intermittent systemic medication such as immunosuppressive retinoids for a total duration of less than six weeks during the past twelve-month period.

The Board is unable to determine whether the Veteran's polycythemia vera was caused by his in-service cobalt radiation therapy, and thus remands for further examination.

The Board denied the Veteran's claim that his February 2010 VA Form 9 was timely filed as a substantive appeal, finding it not to be within the one-year period from the November 2007 rating decision. The issue is final.

The Veteran died in December 2013 and the appellant filed for burial benefits. The VA denied the claim as the Veteran did not have a service-connected condition at the time of death, nor was he receiving any VA compensation or pension benefits.

The Board found that there were compelling circumstances to warrant the appellant's periods of absence without leave, thus not finding a character of discharge bar to receiving VA benefits.

The Board has granted service connection for squamous cell carcinoma of the right base of the tongue with extension into the right vallecula and involving the right genioglossus muscle, finding that it is related to military service due to HPV exposure.

The Veteran's pension payment rate was reduced due to receipt of Social Security Administration (SSA) payments, effective July 1, 2014.

The Board has decided that there is not enough evidence to determine if the surviving spouse was entitled to accrued benefits, and therefore remanded the case for further development.

The Veteran's adult daughter filed a claim for accrued benefits after his death, but the claim was not submitted within one year of his death. Therefore, the claim is denied.