Other conditions decisions — 2019

The Board has remanded the Veteran's claims for left leg Osgood-Schlatter disease and thrombophlebitis due to inadequate opinions regarding their relationship to service. The Veteran must provide a clarifying medical opinion on whether these conditions are related to his active duty service or any periods of ACDUTRA.

The Veteran's income exceeded the means test threshold, preventing him from receiving free healthcare. The appeal is denied.

The Board has granted compensation under 38 U.S.C. § § 1151 for chronic laryngitis and additional disability manifested by difficulty breathing and swallowing as unforeseen consequences of VA medical treatment received on March 25, 1981.

The Veteran's claim for service connection for coccidioidomycosis was initially denied in 2003, but the RO granted it again in 2017 based on new evidence. The Veteran is seeking an earlier effective date.

The Board denied service connection for cataract of the right eye due to radiation exposure because there was no evidence of ionizing radiation exposure during service and the Veteran's current conditions are not related to his military service.

The Veteran's waiver request was denied due to it not being submitted within the 180 days of the DMC letter. The Board is remanded to verify if a notice of indebtedness with accompanying notice of waiver rights was sent to the Veteran on May 6, 2017.

The Veteran's service did not qualify her for VA home loan benefits because she was discharged before completing six years of service, and the reason for discharge (unsatisfactory participant) does not meet the criteria for credit towards service.

The Veteran's request for waiver of an overpayment of vocational and rehabilitation benefits was denied as not timely filed. The Board is unable to locate the requested documents, including the August 2018 waiver request and the complete vocational and rehabilitation folder.

The Veteran's claim for service connection for colon cancer due to radiation exposure is remanded. The Board finds that additional development, including obtaining an estimate of the level of radiation exposure and a medical opinion regarding the relationship between the Veteran's diagnosis and his in-service exposure, is necessary.

The Board has granted an effective date of June 17, 2011 for the service connection of popliteal (peroneal) nerve entrapment of the left lower extremity. The Veteran's symptoms were present prior to this date.

The Board has decided that further development is needed to obtain informed consent forms related to the Veteran's cataract surgery. The claim will be remanded for this purpose.

The Board denied the Veteran's claims for earlier effective dates for recognizing his daughters A.A. and A.M.A. as his children for purposes of additional dependency compensation, finding that VA did not receive written notification of their status until March 1, 2016.

The Veteran's VR&E benefits were discontinued due to his failure to maintain satisfactory conduct and cooperation, as well as his inability to keep up with coursework. The AOJ made reasonable efforts to assist the Veteran but found no mitigating circumstances.

The Veteran's death was not service connected and he did not meet the criteria for nonservice-connected burial benefits, including a plot or interment allowance and transportation reimbursement.

The Veteran's decreased visual acuity of the right eye was not caused by VA medical treatment in April 2014, and therefore his claim for compensation under 38 U.S.C. § 1151 is denied.

The Board has reopened the claim regarding whether the character of the Appellant’s discharge is a bar to VA compensation and pension benefits due to new evidence submitted by the appellant. The case will be remanded for further review.

The Board has denied the Veteran's claim for service connection for a dental condition as there is no eligible dental condition for VA compensation purposes.

The Board has granted service connection for the cause of death due to exposure to Agent Orange during service, which contributed substantially to the Veteran's pancreatic cancer and subsequent death. The DIC claim under 38 U.S.C. § 1318 is dismissed as moot.

The Board has remanded the Veteran's claims for service connection for bottom right tooth extraction and jaw condition as secondary to a right tooth extraction due to inadequate VA examinations.

The Veteran's appeal for an initial disability rating in excess of 10 percent for residuals of a deep wound to the left thigh, Muscle Group (MG) XV has been dismissed as he withdrew his appeal.