Other conditions decisions — 2019

The Board has remanded the case due to a lack of compliance with prior remand instructions and for further development, including an addendum medical opinion from the VA examiner.

The Veteran's appeal for service connection was dismissed due to his death, and the Board cannot consider the merits of the case as he has passed away.

The Board dismissed the appeal as the appellant requested withdrawal of his appeal for service connection for a respiratory disorder.

The Board denied the claim for service connection for cause of death and denied DIC under 38 U.S.C. § 1318 due to lack of entitlement under the law.

The Veteran's claim for service connection for multiple myeloma is being remanded due to the need for updated VA treatment records and an examination to determine if his condition has a relationship with service.

The Board has denied the Veteran's claims of service connection for joint pain and muscle/tissue swelling, finding that there is no evidence to support a causal relationship between these conditions and his active military service.

The Veteran's request for a refund of $2,700 he paid to convert his education benefits from the Post-Vietnam Era Education Program (VEAP) to the Montgomery GI Bill (MGIB) was denied because he did not meet the initial eligibility requirements for Chapter 30 benefits due to his entry date into service.

The Veteran's spinocerebellar ataxia is related to presumed exposure to herbicide agents and contaminated water during active service, and the Board grants service connection for this condition.

The Board has determined that the service member did not have qualifying active duty or ACDUTRA service for ALS, and thus severed service connection. As a result, entitlement to special adapted housing and dependents' educational assistance benefits was also denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents and the onset of his conditions during service. The Appellant is seeking service connection for her husband's cause of death, which includes ankylosing spondylitis and pulmonary fibrosis.

The Board has decided to remand the case due to issues regarding the creation of an overpayment and the timeliness of a waiver request. The Veteran's claim will be reconsidered with respect to these matters.

The Board denied the Appellant's request for an earlier effective date for Dependency and Indemnity Compensation (DIC) benefits, finding that October 4, 2012 is the earliest possible effective date based on the facts of her case.

The Board has remanded the case due to an inextricably intertwined claim for service connection for the cause of the Veteran's death. The burial benefits claim will be adjudicated with the cause of death claim simultaneously.

The Veteran is granted an initial 10 percent disability rating for a deviated septum from January 26, 2011 to March 6, 2019. After that date, the Veteran's condition does not meet the criteria for any compensable rating.

The Board has remanded the Veteran's increased rating claim for left TMJ disorder due to insufficient examination findings and incomplete VA treatment records. The Veteran needs a new VA examination to assess the severity of his service-connected condition, including any flare-ups and functional loss. Additionally, all outstanding VA treatment records need to be obtained.

The Board has decided to remand the case due to insufficient evidence regarding the severity of the Veteran's TMJ disability, specifically during flare-ups and after repetitive use. The claim will be reconsidered with a new examination.

The Board has remanded the case due to insufficient medical opinion and procedural issues. The Veteran's widow is now the Appellant, and a new addendum medical nexus opinion is needed from the VA examiner.

The Veteran's service-connected basal cell carcinoma residuals surgery with scars of the left neck under mandible, upper rim of left auricle, and left temple are manifested by complaints of 2 painful scars and a single scar width on the left temple of at least one-quarter inch (0.6 centimeters). The Board has granted a 10 percent evaluation for this condition.

The Veteran's chronic prostatitis is granted a 40 percent rating effective July 16, 2018. Prior to that date, the condition was rated at 20 percent.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Citrus Memorial Hospital on September 3, 2017 is being remanded due to the VA's failure to timely file a claim within the 90-day deadline. The AOJ must now properly develop the record and evidence in the claims file with regards to the merits of this claim under 38 C.F.R. § 1725.