Other conditions decisions — 2019

The Board dismissed the appeal because the appellant requested to withdraw it, stating that the issue has since been resolved.

The Board has decided that the Veteran's claims of service connection for dental disabilities should be remanded to allow for proper development and adjudication, including referral to the Veterans Health Administration (VHA) for eligibility determination.

The Board denied the Veteran's claims for service connection for a deviated septum and chronic ear infections with continued drainage and loss of smell and taste, finding that there was no evidence to support these conditions as being related to service.

The Veteran's right lower extremity varicose veins have been rated at 60 percent, and the Board has decided to remand the case for further evaluation due to increased symptoms since his last VA examination in February 2014.

The Veteran's death was not due to a service-connected disability that had been rated as totally disabling for at least eight years prior to his death. The claim is denied because the Veteran did not meet the eligibility criteria for enhanced DIC under 38 U.S.C. § 1311 (a)(2).

The Board has determined that remand is necessary to obtain more records to make a determination on the claim of whether the appellant is the surviving spouse of the Veteran.

The Board has remanded the case due to insufficient efforts by VA to verify the Veteran's presence in Vietnam, which could impact his claim for service connection. The Veteran is asked to provide further information and evidence.

The Veteran's service-connected panic disorder with agoraphobia is being remanded for a new VA examination to assess the current severity of his condition.

The claim for nonservice-connected burial benefits was denied due to an untimely application, as the appellant filed her application more than two years after the Veteran's cremation.

The Board has determined that the Veteran's death was caused by his metastatic lung cancer, which is at least as likely as not due to asbestos exposure during his service. As a result, DIC benefits for cause of death are granted.

The Board has granted the Veteran's claim for service connection for his left elbow disorder, including epicondylitis and degenerative joint disease. The evidence is at least in equipoise that these conditions are related to his military service.

The Veteran's pituitary adenoma with acromegaly and hypogonadism has been manifested by enlargement of acral parts or overgrowth of long bones, but no worsening of symptoms or new changes were found. The Board finds that the current 30 percent evaluation is appropriate given the findings in the record.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a causal relationship between in-service malaria and the Veteran's death from cardiac asystole with coronary arteriosclerosis and chronic obstructive lung disease.

The Board has remanded the claims for service connection for chronic lymphocytic leukemia, multiple myeloma, and Merkel cell carcinoma due to insufficient evidence regarding the Veteran's exposure at Bogue Field.

The Veteran received inpatient rehabilitation at a non-VA facility after an emergency stroke. The VA denied reimbursement initially, but the Board found that the transfer to the non-VA facility was reasonable and documented attempts were made for transfer to a VA facility. Therefore, payment or reimbursement of medical expenses incurred from February 5 to March 1, 2016 at Winter Haven Hospital is granted.

The Board dismissed the appeal for compensation under 38 U.S.C. § 1151 for bowel puncture with sepsis and denied a rating in excess of 10 percent for residuals of amputation at the phalangeal joint and middle phalanx of the right index finger. The appeals for decubitus ulcers, right middle finger disability, and right ring finger disability are remanded.

The appellant is not considered a child for the purposes of receiving accrued benefits, as she does not meet the statutory definition. Therefore, her claim for accrued benefits is denied.

The claim for recognition as the Veteran's surviving spouse was denied because there was no evidence of a valid marriage or common law marriage, and the appellant did not provide any evidence that she and the Veteran remarried after their divorce. The Board found insufficient evidence to support her claims.

The Board denied the Veteran's claim for an earlier effective date prior to January 31, 2005 for a separate evaluation of osteomyelitis, left thigh. The most recent claim was filed on January 31, 2005.

The Veteran is granted a TDIU until July 15, 2002 and a 100 percent rating for dysthymic disorder starting from that date. Prior to July 15, 2002, the Veteran was awarded a 70 percent evaluation.