Other conditions decisions — 2019

The Veteran's daughter is not eligible for accrued benefits due to the death of her father as she does not meet the eligibility criteria set by VA.

The Board has decided that the claim for a clothing allowance for a back brace for calendar year 2015 needs to be reconsidered due to new evidence being added after previous decisions. The case is sent back to the AOJ for further review and consideration of this new information.

The Board has denied the Veteran's claims for service connection for acute epididymitis, right and varicocele, bilateral as there is no competent medical evidence of a current diagnosis or a causal relationship to his active service.

The Veteran's claim for service connection for back injury is being remanded due to new evidence submitted after the May 2017 denial. The VA examiner's opinion in April 2017 was inadequate as it did not address the Veteran's continuous back pain since service and relied on missing medical records.

The Board denied service connection for skin rash due to lack of a current diagnosis and no evidence linking the condition to service.

The Board has denied the Veteran's claim of service connection for dental trauma, finding that there is no evidence to support a direct link between his in-service injury and his current condition. The issue of eligibility for VA outpatient dental treatment was also addressed but requires further development as VHA needs to adjudicate this matter first.

The Board has granted an effective date of August 1, 2010 for the addition of the Veteran's spouse M.A., children B.A. and M.A., as dependents to his VA disability compensation award.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's recurrent incisional hernias were a result of negligence or failure to meet the standard of care. A new VA expert medical opinion is needed.

The Veteran's service-connected mood disorder is rated at 100 percent, but the VA proposes reducing this rating to 70 percent. The Board finds that both issues are inextricably intertwined and must be deferred until the proposed reduction decision is resolved.

The Veteran's left lower extremity DVT has been rated at 20 percent since January 18, 2018. The Board found that the symptoms did not meet criteria for a higher rating.

The Board denied service connection for gastric ulcer as the Veteran does not have a current diagnosis of this condition.

The Board has reopened the claim for service connection for cause of death due to new and material evidence submitted by the Appellant. However, further medical opinion is needed to determine if the Veteran's cancer was a chronic B-cell leukemia as contemplated under 38 C.F.R. § 3.309(e) or otherwise related to in-service herbicide agent exposure.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's brain cyst and cerebrovascular accident are related to his military service, including herbicide agent exposure.

The Veteran's spouse is not eligible for an increased amount of DIC benefits because they were not married to the Veteran for at least eight years immediately preceding his death.

The Board denied the Veteran's claim for service connection for a skin condition due to herbicide agent exposure, finding that there was no evidence linking his current skin conditions to his military service or herbicide exposure.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lower intestinal lymphoma and his need for aid and attendance. The VA must seek authorization from the Veteran to obtain relevant medical records from Kaiser Permanente, and then decide whether there is a relationship between any diagnosed lymphoma and service.

The Veteran's surviving spouse, the appellant, was denied recognition as his legal spouse for VA benefits due to a formal divorce in 1994 and no valid common-law marriage being established by Georgia state law.

The Board has decided to remand the Veteran's claims for a compensable rating for his bilateral hand injuries and scars as residuals of those injuries due to the need for additional VA examination.

The Veteran's left eye cancer and liver cancer are not service-connected, with the Board finding no evidence linking these conditions to his military service or exposure to herbicides.,The cause of death (liver cancer) is also not service-connected due to lack of evidence supporting a link between the condition and the Veteran’s military service.

The Veteran's financial liability for the treatment provided at Tallahassee Memorial Hospital from February 3, 2015, through February 4, 2015, has been fully extinguished. The appeal is dismissed due to the absence of a controversy at issue.