Other conditions decisions — 2019

The Veteran's claim of service connection for Guillain-Barre Syndrome was denied in August 2012. He is now requesting that the Board review the August 2012 decision due to potential CUE.

The Board has reopened the claim for service connection for the cause of the Veteran’s death due to new and material evidence received. The Veteran's glioblastoma is found to be related to his in-service radiation exposure, thus granting service connection.

The Board has dismissed the Veteran's appeal because no rating decision regarding the issue of correction of his date of discharge from active duty service has been issued by the AOJ.

The Veteran's claim for service connection for pulmonary emphysema is granted due to the submission of new evidence that supports a finding of asbestos exposure during service, leading to the conclusion that his current condition is at least as likely as not related to this exposure.

The Board has remanded the Veteran's overpayment determination and waiver claim due to procedural issues, including failure to provide a Statement of the Case (SOC) as required by law. The validity of the overpayment must be determined before any decision on the waiver can be made.

The Board has determined that the Veteran's intrahepatic cholangiocarcinoma is etiologically related to his active duty service, and thus grants service connection for this condition.

The Veteran's appeal is remanded for further development regarding his service-connected residuals of post-surgical removal of the right and left great toenails, including clarification on the nature of these residuals and whether they are related to his service-connected conditions. The TDIU claim is also remanded.

The Board has decided to remand the case due to a dispute on the creation of the overpayment debt, and will not address the waiver issue until this is resolved.

The Board denied the appellant's claim for VA death pension, death compensation, and dependency indemnity compensation (DIC) benefits as she did not meet the legal requirements to be considered a surviving spouse of the Veteran.

The Board has determined that there is no current diagnosis of pulmonary interstitial fibrosis, and thus the Veteran's claim for service connection for this condition is denied.

The appellant is seeking restoration of her 45 months of full-time DEA benefits, but the Board finds that she is only entitled to 36 months due to a change in law effective August 1, 2018.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current respiratory disorders are related to his active service.

The Veteran withdrew their appeal, so the Board dismissed the case.

The Board has determined that the validity of the debt in the amount of $9,624.61 created by the removal of the Veteran's former spouse, K., from his award of VA disability compensation is unclear and requires further investigation.

The Board has decided that the claim for service connection for numbness and tingling of the bilateral hands, to include as secondary to a cervical spine disability, needs further development before it can be adjudicated.

The Veteran's VA disability compensation benefits are granted to the appellant on behalf of their minor children, W.J. and B.J., in the amount of the dependency allowance for two dependent children.

The Veteran's claim for an increased rating in excess of 10 percent for herpes simplex virus is remanded due to the inadequacy of the October 2018 VA examination. A new examination is needed to assess the current severity and manifestations of the condition, including its functional impact on daily life.

The Board has remanded the Veteran's claims for service connection, increased ratings for bilateral knee disabilities, PTSD rating prior to May 24, 2017, and TDIU due to service-connected disabilities. The issues include a direct claim for an eye condition, increased ratings for bilateral knees, a higher PTSD rating before May 24, 2017, and the need for additional evidence regarding his employment status.

The Veteran's bruxism is being remanded for a new VA examination to determine if it is at least as likely as not proximately due to or aggravated by his service-connected PTSD.

The Board has remanded the case due to issues regarding a rating in excess of 40 percent for service-connected varicose veins of the right lower extremity. The RO is required to prepare a Statement of the Case (SOC) and address the reduction from 100 percent to 20 percent disabling.