Other conditions decisions — 2019

The Veteran's claim for service connection for colon cancer, which he contends is related to his in-service exposure to herbicide agents, has been remanded due to insufficient evidence. A VA examination is needed to determine if there is a relationship between the Veteran's current condition and his presumed exposure during service.

The Board denied the Veteran's claim for service connection for the cause of his death due to pancreatic cancer, finding that there was no evidence linking the cancer to his military service.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's divorce from his spouse J.R.M. and failure to notify VA of this change in status, resulting in an overpayment of $8,543.49.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his stroke residuals, as well as his bilateral hand and foot conditions. The Veteran is also seeking service connection for memory loss secondary to his stroke.

The rating reduction from 100 percent to 10 percent for status-post aortic valve replacement, effective May 1, 2018, was proper. The Veteran's lesser 10 percent rating is commensurate with the results of his February 2018 exercise stress test and February 2019 VA examination.

The Veteran's spouse was previously removed from his award for failing to submit a VA Form 21-686c. The Regional Office reinstated the benefit, but as the appeal is about reinstatement of dependency benefits and not service connection, there remains no case or controversy.

The Board dismissed the appeal as there is no case or controversy concerning the claim of entitlement to a TDIU on an extraschedular basis prior to December 7, 2011.

The Board has remanded the case for a VA examination to determine if the Veteran's MAC pulmonary disease is related to service, including possible exposure to asbestos. The claim will be adjudicated based on the evidence of record at the time of the February 2019 rating decision.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, which is currently diagnosed as unspecified trauma-and stressor-related disorder and mood disorder. The condition is considered to be related to military service.

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the requirements for DIC benefits under 38 U.S.C. § 1318 or survivor’s pension benefits due to her income and net worth. Accrued benefits were also denied as there were no pending claims at the time of his death.

The Board has determined that there was a pre-decisional duty to assist error and remanded the cases for further development.

The Veteran's service connection claim for multiple myeloma is granted due to herbicide exposure during his service in Korea.

The Board has vacated its decision granting the appellant recognition as a surviving spouse for VA death benefit purposes due to her death. The appeal is dismissed because the Board does not have jurisdiction over this matter.

The Veteran's squamous cell carcinoma, base of the tongue was not manifest in service or within one year and is not otherwise related to service. The Board denied service connection for this condition.

The Board denied the Veteran's claim for an effective date prior to February 18, 2016 for the grant of additional compensation for a dependent child. The earliest possible date assignable for the award was the date of birth/adoption of the child, which is not before February 18, 2016.

The Veteran's esophageal cancer with metastatic liver cancer was denied service connection as it is not related to his military service, including exposure to herbicides.

The Board has decided to remand the case due to a need for additional development regarding the cause of the Veteran's death, specifically related to esophageal cancer.

The Board dismissed the appeal because the Veteran died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits.

The Veteran's chronic cough is granted service connection as a symptom of an unexplained chronic multi-symptom illness due to service in the Southwest Asia Theater of operations during the Persian Gulf War.

The Veteran's appeal for service connection of residuals from a left hip injury has been dismissed due to the death of the appellant.