Other conditions decisions — 2019

The Board denied the appellant's claim for non-service-connected death pension benefits due to her income exceeding the maximum rate.

The Board has granted an effective date of August 18, 2006 for additional compensation based on the addition of the Veteran’s spouse. The evidence was received within one year of the January 2017 rating decision granting a TDIU.

The Veteran's death from esophageal cancer is granted as service connected due to presumed exposure to herbicides during his military service in Vietnam.

The Board has granted the Veteran's petition to reopen his claim for service connection of HIV, and remanded the issue due to insufficient evidence in the March 2015 VA examination.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's knowledge and failure to notify VA about her divorce, resulting in continued payment based on a marital status she no longer had.

The Board has decided to remand the case due to the need for additional VA medical records and a response from the appellant regarding private medical records.

The Veteran's heart condition is remanded for a VA examination to determine if it was caused by or related to in-service radiation exposure. The examiner must also assess whether the current heart condition is related to any verified in-service heart procedure/treatment and to fungus exposure.

The Board found that the Veteran did not receive VA compensation benefits during a period when he received active service pay for drill training in FY 2015, and thus the overpayment debt was improperly created. The appeal is granted.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's hallux rigidus with arthritis of the right foot is related to his service. The VA needs to schedule an examination for a medical opinion on this issue.

The Board denied an earlier effective date for the award of service connection for the cause of the Veteran's death, finding that September 4, 2007 is the earliest possible effective date based on when VA received the appellant's request to reopen her claim.

The Veteran's acute myelodysplastic leukemia is related to service exposure to herbicide agents, and the Board has granted service connection for this condition.

The Veteran disputes the reduction in his VA disability compensation benefits to offset military drill pay for 109 days during FY 2016. The Board has decided that a remand is needed to prepare an audit of the Veteran's VA compensation account for FY 2016.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's MDS progressed to leukemia and if it is related to service, including herbicide exposure.

The Veteran's widow requested the withdrawal of her appeal for accrued benefits, and the Board has dismissed the case as a result.

The Board has remanded the Veteran's claims for service connection for peripheral vascular disease with carotid stenosis of both lower extremities, as these conditions are presumed to be related to his in-service exposure to herbicide agents. The case is being sent back for further development and an opinion regarding the relationship between the Veteran's disorders and his service-connected coronary artery disease (CABG) and his in-service herbicide exposure.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to herbicide agents in Vietnam, specifically during June 1970 to September 1970. The VA is instructed to conduct additional record searches and provide a formal finding if necessary.

The Board has remanded the case for additional development due to incomplete records and inadequate medical opinions. The Veteran's floor-of-the-mouth cancer is being examined again, as well as his loss of tongue sensation.

The Board denied the Veteran's claim for service connection for spindle cell lipoma of the neck, finding that there was no evidence linking his current diagnosis to his military service or radiation exposure.

The Veteran's claim for service connection for a left lung condition due to asbestos exposure is remanded as the VA has not received current medical evidence of a diagnosis related to this condition.

The Veteran's claim for service connection for prostatitis due to Camp Lejeune exposure was denied. The claim for an initial compensable rating for cellulitis prior to January 15, 2016, and a 10 percent rating for cellulitis beginning on that date were also denied.