Other conditions decisions — 2019

The Board has remanded the case due to insufficient reasoning and failure to obtain relevant private treatment records. The Veteran will be provided with an examination to determine if his left leg disorder is related to his military service.

The Veteran's claim for esophageal cancer due to herbicide exposure has been dismissed because the Veteran died during the appeal process.

The Veteran's claim for service connection for chronic B-cell hairy cell leukemia due to exposure to herbicide agents is granted, as the evidence shows he may be presumed exposed during his service at Udorn, Ubon, and Korat RTAFBs.

The Veteran's appeal has been dismissed as he and his representative have withdrawn the appeal regarding entitlement to additional compensation for four grandchildren.

The Board denied the Veteran's claims for service connection for a left groin injury and a bilateral upper extremity nerve disability, finding no evidence of current disabilities attributable to active service.

The Veteran's death did not meet the criteria for payment of burial benefits as he was not receiving any VA compensation or pension at the time of his death, and there were no indications that he had a pending claim for such benefits. The decision also noted that the Veteran died at home without being admitted to a VA facility.

The Veteran's overpayment claim is being remanded due to a dispute about the validity of the debt creation, not the waiver itself.

The Board denied the appellant's claim for additional accrued benefits in excess of $3,613.39 due to lack of legal merit and absence of evidence showing she was entitled to such benefits.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which bars VA benefits. The claim is granted in part as it reopens the issue of whether the character of his discharge is a bar to receiving VA benefits.

The Board denied an effective date prior to May 30, 2017 for the addition of the Veteran's spouse to his VA disability compensation award. The decision found that no claim was filed earlier than May 30, 2017 and that any inference of a dependency claim based on CHAMPVA benefits does not constitute an informal claim by the Veteran.

The Board has revised the effective date of a 100 percent evaluation for lupus from November 30, 2005 to May 18, 2009 due to clear and unmistakable error in assigning an earlier effective date.

The Board denied the Veteran's claim for service connection for benign essential blepharospasm, finding that there was not enough evidence to support a link between the condition and in-service exposure to herbicide agents.

The Board has decided to remand the case due to a lack of notice regarding the applicable laws and regulations that VA believes are applicable for offsetting DIC benefits because payment of such benefits could result in an overpayment of SBP benefits by DOD.

The overpayment of VA compensation benefits was created due to a retroactive reduction in the compensation rate for incarceration, resulting in an overpayment. The appeal is denied.

The Veteran's shin splits and painful motion of the ring and little finger of the right hand, status post 5th Metacarpal fracture are granted with a minimum compensable rating. The Veteran’s voiding dysfunction is remanded for further evaluation.,The Veteran's painful motion of the long finger of the right hand, status post 5th Metacarpal fracture with arthritis is remanded.

The Board has decided that service connection for partial amputation of the right thumb should be remanded due to insufficient evidence on whether it is related to an in-service electric shock.

The Veteran's claim for a higher rating for vulvovaginitis is remanded due to unclear and inconsistent information in the previous VA examination. A new examination is required.

The Veteran's stepchild was removed from his VA compensation award due to concurrent receipt of Dependents' Educational Assistance (DEA) benefits, resulting in an overpayment. The appeal is denied.

The Veteran's claim for service connection for a dental disorder of the lower teeth is denied as there is no evidence of loss of substance of the body of the maxilla or mandible resulting from in-service trauma or disease. The Veteran does not meet eligibility criteria for VA outpatient dental treatment.

The Board has reopened the claim for service connection for a respiratory disability, but remanded it due to the need for additional information from SSA.