Other conditions decisions — 2019

The Board denied the Veteran's claim for service connection for myelodysplastic syndrome (MDS) due to herbicide agent exposure, finding that there was no positive association between MDS and herbicide exposure.

The Board has ordered a remand to obtain additional VA treatment records and for another medical opinion regarding the relationship between the Veteran's current cardiac disability and service. The case is now being returned to the RO for these actions.

The Board has remanded the case due to insufficient information regarding whether any identified skin disease or condition began in or is otherwise the result of the Veteran's service.

The Veteran's shrapnel wounds to the left groin and calf are currently rated at 10 percent, effective September 27, 2013.,The Veteran's shrapnel wound to the right hand is currently rated at 10 percent, effective September 27, 2013.

The Veteran's appeals for service connection were remanded due to insufficient evidence in some cases, and his foot disability was found to be moderately severe. The pinguecula did not meet the criteria for a compensable rating. His mood disorder was rated as 30 percent disabling.

The Veteran's skin rash disability is currently rated at 10 percent, and the Board has decided to remand for a new examination to determine if a higher rating is warranted.

The Board found that the termination of VA compensation benefits due to the Veteran's fugitive felon status was proper, and denied the claim as a matter of law.

The Board has remanded the Veteran's claims for an upper respiratory disability and bilateral hearing loss due to incomplete development of evidence. The left forearm disability claim remains denied.

The Veteran's entitlement to more than 2 months and 12 days of VA education benefits under the Post-9/11 GI Bill Program (Chapter 33) is denied as she had unused Chapter 30 benefits available at the time of her conversion.

The Veteran's L4-L5 degenerative spondylolisthesis is granted as service-connected, with a rating of 100% effective from the date of the decision.

The Board has determined that the debt resulting from an overpayment of Montgomery GI Bill-Selected Reserve (MGIB-SR) education benefits is valid. The Veteran was not legally entitled to the benefits in question, and VA was not solely responsible for their erroneous payment.

The Board denied entitlement to service connection for a psychiatric disorder, finding that the Veteran's personality disorder did not pre-exist service and was not aggravated by service. The Board also found no evidence of any superimposed psychiatric disorders during service.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran due to a final divorce between her and the Veteran, which occurred in 1967.

The Veteran's claims for initial compensable ratings for eustachian tube dysfunction and bilateral chronic nonsuppurative otitis media with effusion were denied as the evidence did not meet the criteria for a compensable rating.

The Board has remanded the cases for further development due to inadequate examination regarding the Veteran's service-connected residuals of cancer of the larynx.

The Veteran's throat/larynx cancer is determined to be larynx cancer, a disability presumptively service connected under VA regulations. The Board finds that his throat/larynx disorder is related to his in-service herbicide exposure and grants service connection for the condition.

The Board has remanded the Veteran's claims for increased ratings for intervertebral disc syndrome and radiculopathy of the right lower extremity due to new evidence indicating a worsening of his conditions. The Veteran is requested to provide calendars reflecting work days missed due to service-connected disabilities, and he should undergo VA examinations to assess the current severity of his IVDS and radiculopathy.

The Board found that the Veteran owed $8,667.03 for overpayment of educational assistance benefits due to her failure to complete courses and reduced the amount based on mitigating circumstances.

The Board has remanded several claims, including reopening of service connection for right shoulder and left jaw disabilities, increasing ratings for chronic pansinusitis/rhinitis and sleep apnea, and determining entitlement to TDIU. The Veteran is requested to attend a DRO conference.

The appellant is not recognized as the surviving spouse of the Veteran for VA benefits purposes because they were divorced at the time of the Veteran's death and did not meet the continuous cohabitation requirement.