Other conditions decisions — 2019

The Board has determined that the Veteran's Chronic Myelogenous Leukemia (CML) is related to herbicide exposure during service, specifically Agent Orange exposure. The decision grants service connection for CML.

The Veteran's service-connected disabilities do not prevent her from obtaining and maintaining substantially gainful employment, so the claim for a TDIU is denied.

The Veteran's service connection claim for residuals of a left 2nd metatarsal foot stress fracture was denied as there is no current disability and the evidence does not establish a link between the in-service injury and any present condition.

The Board has remanded the Veteran's claims for a total rating based on individual unemployability and basic eligibility to Dependents’ Educational Assistance due to unresolved issues regarding effective dates. The TDIU claim is being referred to the Director of Compensation Service for consideration on an extraschedular basis, while the DEA claim remains inextricably intertwined with the TDIU claim.

The Board has remanded the Veteran's claims for a compensable rating for right calf muscle strain and service connection for right lower leg hypertrophy, to include as secondary to his service-connected right calf muscle strain. The Veteran is required to undergo a VA examination to determine the current nature and severity of his right calf muscle strain and the etiology of his claimed right lower leg hypertrophy.

The appeal was dismissed due to the death of the appellant.

The Veteran received emergency medical treatment for ear pain and middle ear effusion at Shands Hospital North/University of Florida Health North (SHN) in Jacksonville, Florida on March 30, 2015. The Board found that the treatment was necessary due to a prudent layperson's expectation that delay would have been hazardous to health and there were no feasibly available VA facilities.

The appeal is dismissed because the claimant died during the pendency of the appeal, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's esophageal cancer is granted as service connected, with the Board finding that there is as likely as not a medical relationship between his exposure to contaminated water at Camp LeJeune and his current condition.

The Veteran's high arches are rated at a noncompensable level, but the Board has granted an initial 10 percent rating based on his complaints of pain and calluses. The condition is considered to be service-connected under the direct theory.

The Board has remanded the case due to insufficient evidence of a current disability and the need for further examination.

The Board has decided to remand the case due to failure to schedule a VA examination as per previous remand directives. The Veteran's gastrointestinal disability is being reviewed for service connection.

The appeal was dismissed due to the death of the appellant.

The Board denied the Veteran's claims for service connection for soft tissue sarcoma and squamous cell carcinoma, finding no evidence of a current disability or a link to military service, including herbicide exposure.

The Veteran's appeal is dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's cause of death is not service-connected, as the evidence does not show that his cancer was caused by exposure to contaminated water at Camp Lejeune or any other condition related to his active duty.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital due to a left eye retinal detachment, finding that VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable.

The Board has decided to remand the case for further review on whether the overpayment was properly created and if it should be waived.

The Board found that the overpayment of $24,659.38 was properly created due to an error in distributing attorney fees as per a valid fee agreement.

The Veteran's schizoaffective disorder is granted a 100% disability rating, effective July 20, 2011. The appeal for other conditions and issues remains pending.