Other conditions decisions — 2019

The Veteran's claim for service connection for multiple myeloma and its complications was granted with an effective date of February 4, 2013.

The Veteran's primary insomnia is rated at 50 percent, and the Board has determined that a higher rating is not warranted due to lack of evidence of more severe symptoms.

The Board has remanded the case due to insufficient evidence regarding the Veteran's mesothelioma and its relation to service, including asbestos exposure.

The Veteran requested to withdraw his appeal for TDIU prior to April 27, 2015. As a result, the appeal is dismissed.

The Board denied a request to grant an earlier effective date for the cause of the Veteran's death, finding that the claim was filed in October 2004 and thus the earliest possible effective date is October 8, 2004.

The Board found the overpayment in DEA benefits to be valid and denied the appeal.

The Board has remanded the Veteran's claims for service connection for a skin disease and bladder cancer due to herbicide exposure. The Veteran was diagnosed with oral lichen planus, actinic keratosis, and basal cell carcinoma but there is no evidence of these conditions during his active duty or within one year of separation. The Board also noted that the Veteran's diagnoses are not covered by the presumptive service connection for herbicide exposure.

The Board denied the appellant's claim for DIC benefits, accrued benefits, and death pension as she was not legally married to the Veteran at the time of his death. The divorce between the appellant and the Veteran is acknowledged but does not establish a valid marriage under Nebraska law.

The Board has denied the Veteran's claim for service connection of a hiatal hernia, finding that there is no evidence showing it began during service or was related to any in-service injury.

The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's right elbow and right hand conditions, concluding that there was no additional disability due to VA surgical treatment in October 2012.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected conditions, specifically coronary artery disease, hypertension, ischemic cerebrovascular disease, and medications used for these conditions, are related to his symptoms of ataxia, dizziness, or gait issues. The VA examiner is requested to provide an opinion on this issue.

The Board denied service connection for cysts on the back, finding no current disability during the appeal period and noting that there is insufficient evidence to confirm a diagnosis of cysts.

The Veteran's claim for service connection for Crohn's disease has been reopened due to the submission of new and material evidence. The case is remanded for a VA examination to determine if his Crohn's disease is related to service, specifically as a result of asbestos exposure.

The Veteran's anal fistula service connection has been granted, but the current rating assigned is noncompensable. The Board finds that a new VA examination is necessary to determine the severity of his service-connected anal fistula.

The Veteran's claim for increased ratings and a temporary total evaluation based on surgical treatment of his service-connected right little finger disability was denied. The noncompensable rating for the fracture to the right little finger is upheld, as there are no diagnostic codes that allow for a compensable evaluation for this condition. The temporary total evaluation is also denied due to lack of postoperative residuals and the absence of immobilization by cast.

The Board has granted service connection for squamous cell carcinoma of the parotid gland due to presumed exposure to Agent Orange during active duty in Vietnam. However, it denied an initial compensable rating for bilateral hearing loss.

The Veteran's surviving spouse filed a claim for an earlier effective date for special monthly pension for aid and attendance, but the Board found that she would not have prevailed on this claim. As such, no accrued benefits are payable.

The Board dismissed all issues on appeal due to the Veteran's withdrawal of the appeal.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim for service connection for cause of death due to myelodysplastic syndrome (MDS). The remand includes obtaining a new medical opinion regarding the etiology of the Veteran’s MDS, including whether it was related to in-service exposure to herbicides, specifically Agent Orange.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's CML and AML were related to his service, including herbicide exposure.