Other conditions decisions — 2019

The Veteran's character of service is a bar to VA benefits, and thus his surviving spouse cannot receive death benefits.

The Board dismissed the appeals for increases in ratings for left and right lower extremity paresthesias as there was no further jurisdiction to consider these claims.

The Board has remanded the case due to insufficient medical evidence linking the Veteran's squamous cell lung cancer to his in-service exposure to herbicide agents. A VA medical opinion is needed to determine if there is a relationship between the cancer and service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cancer of the nasal area is related to his presumed exposure to herbicide agents during service in Vietnam.

The Board has decided to remand the case due to a disagreement with the validity of the overpayment debt, and requires that the Veteran be provided an explanation for the creation of the debt.

The Veteran's claim for service connection for a dental condition for treatment purposes is denied as he does not have a compensable service-connected dental condition.

The Board has granted service connection for numbness and hypoesthesia of the left upper extremity, finding it a qualifying chronic disability resulting from an undiagnosed illness presumed due to Gulf War service.

The Board found that the Appellant's income exceeded the maximum annual pension limit for a surviving spouse with no dependents, and thus terminated her survivor pension benefits effective September 1, 2017. The appeal is denied.

The Veteran's claim for payment or reimbursement of medical services received at Community Hospital in Anaconda, Montana from March 24, 2016 through March 25, 2016 is denied because the treatment was not for a condition that arose during his military service and he refused to be transferred to a VA facility.

The Board has denied the Veteran's claim for service connection for a left ear disorder as there is no evidence of a current disability and no link between any past treatment in service and his current symptoms.

The Board has determined that the Veteran's myelodysplastic syndrome and acute myeloid leukemia are related to his service in Vietnam, specifically due to exposure to Agent Orange. As a result, the claim for service connection is granted.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records and federally-held treatment records related to A.G.'s medical history while the Veteran was on active duty.

The Veteran's claim of service connection for a left arm fracture was granted, effective February 13, 1982. The November 1995 rating decision denying this claim is revised on the basis of clear and unmistakable error (CUE).

The Veteran's claim for service connection for sick sinus syndrome with implanted cardiac pacemaker, to include as due to herbicide exposure, is being remanded. The Board notes that the Veteran served in Vietnam and was presumed exposed to Agent Orange during his service. However, the examiner did not provide an opinion on whether the Veteran’s condition is related to his service or herbicide exposure.

The Board denied a rating in excess of 10 percent for the Veteran's left inguinal hernia, finding that his symptoms do not meet the criteria for a higher rating.

The Board dismissed the appeal because no timely substantive appeal was received regarding service connection for vaginal bleeding.

The Board has remanded the cases due to missing medical records from El Reno Federal Correctional Institute and a need for reconsideration of the service connection claims.

The Board denied the Appellant's claims for special monthly pension at the aid and attendance rate and nonservice-connected death pension due to her income exceeding the applicable maximum pension rates.

The Veteran's bilateral leg compartment syndrome is rated at 10 percent from July 26, 2011 to March 26, 2019 and at 30 percent from March 27, 2019 to the present. The Board finds that the current ratings adequately reflect the Veteran's symptoms.

The Veteran's post-operative prostatectomy is rated at 40 percent prior to September 7, 2017 and remains at 40 percent from that date forward.