Other conditions decisions — 2018

The Board has decided that a new VA examination is needed to determine if the Veteran qualifies for regular aid and attendance due to his service-connected disabilities.

The Veteran's death was not caused by a service-connected disability, and there is no evidence linking his tonsillar cancer to herbicide exposure in Vietnam. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Veteran's claim for service connection for a sleep disorder and polycythemia has been reopened, and both claims are granted.,Service connection for depression secondary to migraine headaches is granted. The Veteran's PFB rating remains at 50%.

The Veteran's initial claim for a higher rating for his service-connected obstructive and restrictive ventilatory dysfunction with pulmonary fibrosis (claimed as asbestosis) is granted. The Board also finds that the Veteran’s sleep apnea should be remanded to obtain an addendum opinion regarding whether it is at least as likely as not caused or aggravated by his service-connected respiratory condition.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and service connection due to inadequate opinions in the January 2016 VA opinion on the 38 U.S.C. § 1151 claims, and a negative nexus opinion regarding the acquired psychiatric disorder.

The Board has remanded the claims for service connection for gout and loss of teeth, as there is insufficient evidence to determine if these conditions are related to service.

The Veteran's appeal for a higher rating for his service-connected heart disease was dismissed due to the death of the Veteran.

The claim for payment of DIC for the month of December 2013 is denied as there is no legal basis for the commencement of payment before January 1, 2014.

The Veteran's claim for service connection for ankylosis of the right fourth metacarpal joint was denied, as new and material evidence had not been received. The claim for a compensable rating for ankylosis, residuals of fracture right fifth finger (also claimed as broken hand) was also denied.

The Veteran's claim for service connection for MG XXI strain (rib injury/fracture) was denied in January 1983. He submitted a new petition to reopen his previously denied claim on January 28, 2015, and the VA granted it with an effective date of January 28, 2015.

The Veteran's claim for reimbursement of medical expenses incurred at a private hospital was denied due to procedural issues. The case is being remanded for further development and readjudication.

The Board found that the Veteran has not been reasonably discharging his responsibility for supporting his dependent child J.D., and granted an apportionment of the Veteran's VA compensation benefits in favor of the appellant on behalf of J.D.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for VA benefits at the time of his death. The Veteran died at home and had no claims for burial benefits pending.

The Board found no evidence of additional disability caused by VA care, or lack of proper care at the Fayetteville VAMC resulting in SJS, eye condition, and skin rash.

The Veteran's claim for service connection for non-Hodgkin's lymphoma was granted on a presumptive basis effective March 14, 2017 due to exposure at Camp Lejeune. The Board found no earlier date of entitlement.

Your appeal has been dismissed because the Veteran died during the pendency of your case.

The Board has granted an increase in the amount of apportionment of the Veteran’s VA disability benefits to the appellant on behalf of his dependent children, S.H., J.H., and G.H., to the amount of the additional disability compensation he has received for his dependent children.

The Board denied the Veteran's petition to reopen his claim for service connection for a skin rash, finding no new and material evidence has been submitted.

The Veteran's claim for service connection for salivary gland cancer is being remanded due to the need for additional development, including obtaining records of radiation exposure and a VA medical opinion.

The Board has decided to remand the case due to insufficient consideration of the Veteran's claim for service connection for a liver condition, including hepatic steatosis. The remand includes obtaining additional medical records and arranging for an updated opinion from the VA examiner.