Other conditions decisions — 2019

The Board has remanded the Veteran's claim for service connection for cocaine addiction, as it relates to his postoperative residuals of nasal bone fracture with scarring. The case was previously denied by the Board and later remanded multiple times due to conflicting opinions from medical experts.

The Board denied service connection for Hodgkin's lymphoma, finding that the condition did not manifest during or within one year after service and was not related to any in-service injury or exposure.

The Board denied payment of nonservice-connected pension benefits with special monthly pension based on the need for aid and attendance as the greater benefit effective February 23, 2018 due to the Veteran's service-connected compensation benefits being payable at a higher rate than NSC pension benefits.

The Board has decided to remand the case due to insufficient evidence and need for a new VA examination.

The Board has determined that VA improperly discontinued the Veteran's pension benefits from May 9, 2008 to December 4, 2008 based on fugitive felon status. The claim for additional periods of discontinuance is remanded with instructions to identify and adjust overpayment amounts.

The Veteran's claims for service connection have been remanded due to the loss of his claims file prior to June 2001. The Board will seek new and material evidence for skin and respiratory disabilities, as well as a soft tissue sarcoma claim, given presumed exposure to herbicides during service.

The Board has determined that the Veteran's pulmonary fibrosis and emphysema are at least as likely as not caused by exposure to asbestos during his service, leading to a grant of service connection.

The Veteran's claims for increased ratings for his right and left knee disabilities have been denied as there is no evidence of the required functional limitations to warrant higher ratings under applicable VA rating criteria.

The Veteran's OCD claim has been reopened and granted. The breast cancer claim is being remanded for further development.

The Veteran died in October 2016 and the appellant applied for burial benefits. The VA determined that the death was not service-connected, so the claim for nonservice-connected burial benefits is denied.

The Board has remanded the Veteran's claims for service connection for various eye, skin, and peripheral neuropathy conditions. The issues include secondary service connection to diabetes mellitus type II. Additional medical opinions are needed regarding whether the Veteran’s diabetes mellitus aggravates his vision and skin disorders, as well as etiology of allergic conjunctivitis and skin conditions.

The Board denied the Appellant's claim that his discharge from active duty military service was honorable, finding it under other than honorable conditions. The decision also found that he had been AWOL for a total of 989 days and did not provide compelling reasons to upgrade his discharge.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claim for service connection for back and associated right leg disorder, specifically related to her contention of carrying heavy objects during active duty.

The Board has remanded the case due to inadequate medical examinations and a need for further development, including a new VA examination.

The Veteran is seeking additional retroactive payment for service-connected disabilities from March 2005 through 2014. The Board has ordered another audit to determine the correct amount due and whether any monies were withheld by VA.

The Veteran withdrew his appeal regarding recognition of J.I. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 during a hearing before the Board.

The Veteran's appeal for a compensable initial rating for his service-connected advanced degenerative joint disease of the right thumb is remanded due to inadequate prior VA examination and failure to consider employment impact.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred at St. Vincent’s Medical Center on January 13, 2016. The claim was initially denied due to not being filed within 90 days after the Veteran's discharge from the facility that furnished the emergency treatment. However, the Board notes that a claim was filed by Emergency Medical Services on March 12, 2016, which is within 90 days of the date of service. The decision is remanded as evidence required to make a determination on this claim (medical records) is not present in the record.

The Board denied retroactive DIC benefits for the dependency of J.H. because the VA was not aware of him until after he turned 18, and thus did not meet the eligibility criteria as a dependent child.

The Board has determined that the Veteran's constipation is at least as likely as not related to his service-connected cervical spine disorder and grants service connection for this condition. However, increased ratings for his cervical spine disability, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and entitlement to a TDIU are remanded due to the need for additional development.