Other conditions decisions — 2019

The Veteran's appeal for service connection for tongue/throat cancer due to herbicide exposure has been dismissed because the Veteran died during the pendency of the appeal.

The Veteran was granted a 40% disability rating for DVT, right lower extremity from June 30, 2008. He also received a 70% disability rating for other specified depressive disorder and TDIU.,His service-connected DVT resulted in persistent edema and stasis pigmentation or eczema, warranting the higher ratings.

The Board has remanded the cases due to the need for a current examination to assess the severity of the Veteran's varicocele, intratesticular cysts, and entrapment neuritis.

The Board has decided that the change in the Veteran's means test eligibility category from exempt to copay required for prescriptions in the VA healthcare system for income year 2017 was proper, but requires additional documentation related to his 2017 income and expenses.

The Board dismissed the appeal due to the death of the appellant, and no one has been substituted into the case.

The Board denied the Veteran's claim for service connection for anemia, finding that there was no evidence linking his current condition to his in-service treatment.

The Board has not received an opinion from a VA examiner regarding whether the Veteran's right ankle disability aggravated his left hip condition. The case is being remanded to obtain this information.

The Board denied the Veteran's claims for service connection for tonsillar carcinoma and for death benefits under 38 U.S.C. § 1318, finding that there was no evidence of a nexus to service and that the Veteran did not meet the criteria for total disability due to his condition.

The Board has remanded the case due to inconsistencies in the submitted receipts and canceled checks, as well as confusion regarding the recaptured benefits. The appellant will be provided with instructions on what proof is necessary for her claim and an accounting of her mother's benefits.

The Veteran's claim for an effective date prior to April 9, 2013, for the award of service connection for psychotic disorder with adjustment disorder and depressed mood with a 70 percent rating is being remanded due to claims of clear and unmistakable error (CUE) in previous rating decisions.

The Board has granted an earlier effective date of February 9, 1978 for the grants of service connection for residuals of cold injury to both feet. This decision is based on additional relevant service treatment records received in March 2016.

The Board denied service connection for hypopharyngeal cancer with malignant neoplasms (claimed as throat cancer) due to lack of evidence linking the condition to military service, including exposure to herbicides or asbestos.

The Board has restored the Veteran's dependents' award, effective October 1, 2004, as procedural safeguards were not met in removing them from her VA disability compensation.

The Board denied service connection for left and right foot hallux valgus, finding that the condition was not incurred or caused by active service.

The appellant withdrew her claim for DIC benefits under 38 U.S.C. § 1151 for the cause of the Veteran’s death, and the appeal is dismissed.

The Veteran's claim for an earlier effective date and higher initial rating for duodenal ulcer was denied. The Board found that the March 1960 rating decision denying service connection for duodenal ulcer was not based on CUE, and there is no evidence of recurrent symptoms warranting a higher rating.

The Veteran's carotid artery stenosis with brain ischemia was not found to be related to his service, including exposure to Agent Orange. The Board denied the claim for service connection.

The Board has decided to remand the issues of propriety of creating an overpayment and waiver of recovery of overpayment of VA dependent compensation benefits in the amount of $4,005.33 due to a divorce.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected psychiatric disorder caused or contributed substantially to his death.

The Veteran's death benefits claim for the appellant as his surviving spouse was denied because she was not married to him at the time of his death.