Other conditions decisions — 2019

The Veteran's appeals for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) have been dismissed due to his death. The appeal is also dismissed because the Veteran did not submit a timely notice of disagreement regarding his claim to reopen service connection for skin cancer.

The Veteran's appeal for a higher rating for his service-connected fracture transverse processes L2, 3, 4 has been dismissed due to the death of the appellant.

The Board has granted the Veteran's claim for service connection for hallux limitus of his right foot, finding that it is proximately due to his service-connected left hip disability.

The Board has remanded the case due to incomplete development and issues related to service connection for a right ring finger disability. The TDIU claim is also being remanded.

The Veteran's service connection claim for non-Hodgkin’s lymphoma (diffuse large B-cell) due to herbicide exposure is granted. The Board finds that the Veteran was exposed to herbicides at Takhli Royal Thai Air Force Base in Thailand and has a current diagnosis of non-Hodgkin’s lymphoma, meeting the criteria for presumptive service connection under 38 C.F.R. § 3.309(e).

The Board found that the appellant did not experience a stroke or develop additional disability due to VA care, and thus denied compensation under 38 U.S.C. § 1151.

The Board has granted the Appellant's claim to reopen a claim for service connection for the cause of the Veteran’s death, finding that new and material evidence had been received. Service connection is also granted based on presumed exposure to Agent Orange during service in Vietnam.

The Board has remanded the case due to a lack of supporting documents for the appellant's claim regarding payment of his deceased spouse's last illness expenses.

The Veteran's surviving spouse, the appellant, is denied reinstatement of DIC benefits as she remarried before reaching the age of 57 and did not file her application for reinstatement before December 16, 2004.

The Veteran's Notice of Disagreement (NOD) was not timely filed with respect to the October 2013 rating decision, and thus his appeal is denied.

The Veteran withdrew his appeal regarding the overpayment of VA disability compensation benefits due to changes in dependency status.

The Board has determined that the Veteran's left leg injury preexisted service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's right first metatarsal fracture with DJD is granted a 30 percent rating, effective from November 18, 2017 to February 22, 2018. The claim for higher ratings was denied.

Accrued benefits of $1,559.51 are granted for reimbursement of the expenses of the Veteran's last sickness.

The Veteran's callosities of the feet have not met the criteria for a disability rating in excess of 10 percent, as they do not affect at least 20 percent of his body or require systemic therapy such as corticosteroids.

The Board has remanded the Veteran's claims for service connection for circulatory disorders of the left and right lower extremities, as secondary to his service-connected type II diabetes mellitus. The issues are related to a VA examiner providing an opinion on whether these conditions were caused or aggravated by military service.

The Board has determined that the Veteran's claim for waiver of recovery of an overpayment of educational assistance benefits should be remanded to allow for proper consideration by the Committee on Waivers and Compromises (COWC). The COWC will review whether a waiver is appropriate, and then the case will be readjudicated based on all relevant time periods.

The Board has denied service connection for panic attacks and colon cancer with residuals of fecal incontinence, finding that the evidence does not support a link to military service or exposure to contaminated water at Camp Lejeune.

The Board denied the Appellant's claim for accrued benefits to reimburse him for his mother's funeral expenses, as evidence of posthumous new claims was not considered.

The Veteran's son, D.D., is seeking recognition as her helpless child due to his permanent incapacity for self-support prior to reaching the age of 18. The Board has ordered further development and an examination to determine if D.D. was permanently incapable of self-support at age 18.