Other conditions decisions — 2018

The Board dismissed the Veteran's appeals for service connection for erectile dysfunction, lymphocytosis, and myelodysplastic disorder as secondary to herbicide exposure. The claims were dismissed because the Veteran withdrew his appeal regarding erectile dysfunction and there is no current diagnosis of a lymphatic or hematologic condition.

The Board has remanded the case due to inadequacies in previous VA examinations and the need for a new examination by a specialist in Gulf War syndrome/undiagnosed illnesses.

The Veteran's claim for a higher rating for his facial numbness is being remanded due to the need for additional development, including obtaining treatment records and scheduling an examination.

The Veteran's termination of the $200.00 per month apportionment on behalf of his dependent daughters, J.M.B. and M.C.B., was denied as the evidence showed he was reasonably discharging his responsibility for child support.

The Board has determined that the appellant filed a timely Notice of Disagreement (NOD) to the October 17, 2013 decision denying her accrued benefits. The case is now remanded for further action on the merits.

The Veteran's Guillain-Barré syndrome was not caused by VA-administered influenza vaccination, and there is no evidence of fault on VA's part. The claim for compensation under 38 U.S.C. § 1151 is denied.

The Veteran's right hip disability is currently rated at 10 percent due to painful motion and degenerative arthritis. The claim for a higher rating is denied.

The Board denied the Veteran's claim for service connection for an ear condition (claimed as left ear aches), finding that the preponderance of evidence is against her claim and that her ear condition was not incurred in or caused by service, nor did it aggravate her service-connected MDD.

The Board denied the Veteran's appeal as it found that VA properly withheld his compensation benefits for 18 days of fiscal year 2014 due to receipt of active duty pay, and there was no basis in law to grant this appeal.

The Veteran's inguinal strain is being remanded for a VA medical examination to determine the current severity of her service-connected disability.

The Board found that the appellant's other than honorable discharge was due to willful and persistent misconduct, which is a bar to VA benefits. Therefore, the decision to terminate his nonservice-connected pension benefits was proper.

The Veteran's service-connected ulcerative colitis is rated at 30 percent effective November 1, 2017. The Board finds that the evidence supports a finding of moderate disability since June 13, 2012.

The Veteran's claims for education benefits under the Montgomery GI Bill (Chapter 30) and Post 9/11 GI Bill (Chapter 33) at a rate in excess of 40 percent are being remanded due to incomplete records. Specifically, his military personnel record is missing documents related to his misconduct discharge, and there is no copy of the initial award letter for Chapter 33 benefits.

The Veteran's application for Chapter 30 education benefits for the Immigration Enforcement Agent (IEA) program was denied because he did not submit a formal or informal claim within one year of completing the program, and no such claims were received before March 13, 2011.

The Veteran's cause of death was service-connected, and the appellant has already received DIC benefits for the period from October 1969 to 2007. The appeal is dismissed as moot.

The Board has remanded the case due to an inadequate VA examination, and requests a new opinion on whether the Veteran's bilateral hallux valgus is related to his military service.

The Veteran's appeal is being remanded due to the need for a VA examination and further development of his claims.

The Veteran's death benefits claim was denied because the Appellant and the Veteran were divorced at the time of the Veteran's death, thus failing to meet the legal requirement for a surviving spouse.

The Board denied the claim for service connection for a disability due to asbestos exposure, not including pleural plaques, as there was no diagnosed mesothelioma or other asbestos-related condition.

The Veteran's claim for compensation under 38 U.S.C. § 1151 was remanded due to the need for additional development regarding referral and negligence issues.