Other conditions decisions — 2019

The Board has decided that the change in the Veteran's Means Test eligibility category from copay exempt to Geographic Means Test copay required for income year 2016 was proper and is therefore not remanded. However, due to missing documents related to the Veteran's 2016 income and expenses, the case must be returned to the agency of original jurisdiction (AOJ) for further action.

The Board denied the Veteran's claims of service connection for urinary incontinence, finding that it did not originate during service or due to a service-connected disability.

The Board denied the claim for service connection for cause of death, finding that there was no evidence to connect any of the conditions listed on the Veteran's death certificate to service or a service-connected disability.

The Board denied the Veteran's claim for disability benefits under 38 U.S.C. § 1151 due to a February 24, 2009 intraoperative spiral midshaft fracture of the left humerus because there was no evidence that the fracture caused additional disability or death.

The Board has granted service connection for the Veteran's healed fracture of the right 5th metacarpal, finding that it is proximately due to symptoms associated with his service-connected PTSD.

The Board denied reopening the claim for service connection for sterility due to lack of new and material evidence, as the Veteran's semen analysis showed adequate fertility.,The Board also denied reopening the claim for service connection for lower lip cancer removal because there was no new and material evidence showing in-service exposure or a relationship between post-service cancer and service.

The Board has remanded the claim for further development due to incomplete audit information regarding periods of service and reduction in benefits.

The Veteran's low back disability, diagnosed as scoliosis, is being remanded for a new examination due to the apparent worsening of his condition since his last VA examination in September 2015.

The Board found that the overpayment was properly created due to a retroactive reduction in compensation rate, but only for the period from May 17, 2015 through June 19, 2015. The portion of the overpayment accrued before this date is not considered.

The Board has remanded the case due to insufficient evidence regarding the Veteran's current psychiatric disability and its relation to service. The Veteran will need to provide additional medical records, including an addendum opinion from a VA psychiatrist or psychologist.

The Board has remanded the Veteran's claims for service connection for an eye disability, sexual problems, and a skin disorder due to exposure to herbicide agents. The claims are being remanded for additional development including obtaining VA treatment records, verifying periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), providing new examinations to determine the nature and etiology of his eye disability(ies), sexual problems, and skin disorder, and securing outstanding audiogram results.

The Board has determined that the reduction of the Veteran's disability rating for non-Hodgkin's lymphoma from 100% to zero percent, effective January 1, 2012, was proper.

The Board has decided that more information is needed regarding the Veteran's unemployment benefits and VA treatment records to make a decision on his TDIU claim.

The Board found compelling circumstances to warrant the prolonged unauthorized absence of the Appellant, thus not barring him from receiving VA benefits.

The Veteran's TDIU claim is remanded as the VA and private treatment records show he has a service-connected deep vein thrombosis that causes significant pain, weakness, and difficulty with daily activities. The Board finds him unable to secure and follow substantially gainful occupation due to his condition.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied. The Board has also remanded the issue of service connection for residuals of gall bladder removal (claimed as stomach condition).

The Board has granted the Appellant's motion to vacate and now grants service connection for cause of death due to metastatic cecal carcinoma, which is considered a direct service-connected disability.

The Board has decided that the Veteran's service connection for cause of death is not established, and requests additional evidence to confirm if he had service in Thailand where herbicide exposure may have occurred.

The Veteran's claim for a higher disability rating for his left triceps muscle tear/limitation of motion was denied as his symptoms did not meet the criteria for a higher rating.

The Board denied service connection for damage and loss of vision to the right eye, finding that there was no evidence linking this condition to service.