Other conditions decisions — 2019

The Veteran's claims for service connection for chronic malaria or residuals thereof, fatigue as a separate disability, and residuals of splenectomy and liver disability have all been denied. Additionally, the claim for an increased rating for Non-Hodgkin's lymphoma from August 1, 2015 has also been denied.,The Veteran was granted service connection for his Non-Hodgkin's lymphoma in July 2015 and initially rated noncompensable. The appeal is still pending as the initial rating remains at noncompensable.

The Veteran's throat cancer residuals are denied as service connection is not established due to lack of evidence linking the condition to herbicide exposure in Vietnam.

The Veteran requested additional VR&E services to assist in starting his own chiropractic business. The AOJ denied the request as the Veteran chose a different employment track and did not pursue self-employment. The Board has ordered remand for further action.

The Board has remanded the case due to a lack of a VA examination for service connection of viral infection, including herpes simplex. The Veteran's STRs show he was diagnosed with herpes simplex in-service and had continued symptoms post-service.

The Board denied the Veteran's request for effective dates prior to March 1, 2013, for dependency benefits for his spouse and minor child. The effective dates were assigned based on when the claims were received.

The Veteran's claim for an initial evaluation in excess of 10 percent for other specified trauma and stressor-related disorder is being remanded due to the need for additional VA treatment records.

The Veteran's noncompensable rating for service-connected prostatitis is being remanded due to the submission of additional medical evidence after the April 2018 SOC.

The Veteran's appeal for educational assistance benefits under the Post-9/11 GI Bill and VRAP was denied because he was found ineligible due to his existing eligibility for other VA education programs, specifically Chapter 33. The EPI program at Saint Johns River State College was revoked by VA effective April 27, 2013.

The application to reopen the claim for entitlement to service connection for the cause of the Veteran’s death, to include entitlement to DIC is denied. The appellant's late husband had no qualifying period of service with the United States Armed Forces and therefore is not eligible for VA pension benefits.

The Board has ordered the remand of the Veteran's claim for an initial compensable rating for double vision due to outstanding VA treatment records and a new VA eye examination.

The Veteran's spouse, Appellant, is denied recognition as the surviving spouse for purposes of DIC, accrued benefits, and death pension due to a separation that was not by mutual consent.

The Veteran's daughter seeks an extension of her delimiting date for education assistance benefits under Chapter 35 due to school not offering the necessary courses until after the initial delimiting date. The Board denied this request as there were no circumstances beyond her control that prevented her from pursuing her education.

The Board found that the overpayment of VA educational benefits in the amount of $5104.98 was validly created and is owed by the Appellant due to her receipt of the benefits, despite her separation from the Veteran.

The Veteran's appeal for service connection for left eye fungus is denied as there is no evidence of a current disability during the pendency of the claim.

The Board has remanded the case due to a need for additional development regarding the Veteran's exposure to radiation and its potential impact on his multiple myeloma diagnosis.

The Veteran's appeal was dismissed due to their death, and the case is now closed.

The Board has decided that the Veteran's claim of service connection for a jaw fracture due to trauma should be remanded as there is insufficient medical evidence to determine if the current condition is related to his military service.

The Veteran's service-connected actinic keratosis with associated scars of the face and upper extremities did not meet criteria for a higher rating, as it did not result in disfigurement or systemic manifestations requiring constant or near-constant systemic therapy. The rash of the lower body also did not warrant a compensable rating.

The Board found that the appellant's character of discharge was under other than honorable conditions due to offenses involving moral turpitude, and thus denied VA benefits.

The Board has determined that the Veteran's combined VA education benefits are limited to 48 months, and he has used all of his available Chapter 30 (Montgomery GI Bill) and Chapter 33 (Post-9/11 GI Bill) benefits. Therefore, he is denied additional education benefits under Chapter 33.