Other conditions decisions — 2019

The Veteran's cause of death, T-cell lymphoma, is presumed to be related to service exposure at Camp Lejeune. Therefore, the claim for service connection for cause of death is granted.

The Board of Veterans' Appeals has denied the claim for service connection for tonsillar carcinoma, finding that there is no evidence of chronic tonsillar cancer in service or within a presumptive period. The appellant's contention regarding Agent Orange exposure was not supported by the VA medical opinion and other evidence. Service connection cannot be established on direct or presumptive basis.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's allergies are caused or aggravated by his service-connected disabilities, including medications taken for them. The VA examiner is requested to provide a clear rationale and consider the Veteran’s lay statements and medical records.

The Board has reopened the service connection claim for left hand middle and index finger injuries due to new and material evidence submitted by the Veteran.

The Board denied the claim for service connection for cause of death due to lack of new and material evidence, as the Veteran's cause of death was not from a disease presumed associated with herbicide agents or service.

The Veteran's request for a waiver of overpayment was denied due to the untimeliness of his request. The Board has ordered remand because there are missing records from 2006 to 2016, including correspondence from the Income Verification Match (IVM) file and paper claim file.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding the cause of his disability and whether negligence occurred during surgery.

The Veteran's claim for an earlier effective date of July 30, 2009 for a 20 percent rating for duodenal ulcers is denied as the evidence does not show symptoms consistent with moderate duodenal ulcers prior to that date.

The appeal has been dismissed due to the Veteran's death, and no effective date is assigned as it pertains to pension benefits.

The Board has determined that the Veteran's request for an extension of time to file a substantive appeal in response to the April 1984 SOC is pending and must be remanded for further action. The effective date of service connection for Guillain-Barre syndrome remains under consideration.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board found that the Veteran's rate of pursuit towards a program of education was less than 50% for the school term from April 6, 2017, to December 20, 2018. As a result, he received overpayment in educational assistance benefits and denied his claim.

The Veteran's right hip and leg disability is being remanded for a new VA medical opinion to determine if the condition was caused by carelessness, negligence or error in judgment during his 2013 VA treatment.

The appellant's election of Dependents Educational Assistance (DEA) benefits in lieu of the Fry scholarship under Chapter 33 was irrevocable, and her claim for the Fry Scholarship is denied.

The Board denied the Veteran's claim for service connection for bilateral quadriceps tendon reconstruction residuals, finding that the condition is not related to his military service and is not otherwise related to an in-service injury. The Board also found that it was less likely than not caused by or aggravated by his hypertension.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's service, exposure to herbicide agents (Agent Orange), and his cause of death.

The Board has remanded the Veteran's claims for increased ratings for his right and left tibial stress fractures due to inadequate examination findings regarding flare-ups.

The Veteran's claim for total disability due to individual unemployability (TDIU) is denied because his varicose veins do not prevent him from securing or following a substantially gainful occupation.

The Board denied the appellant's request for an earlier effective date of July 19, 2012 for a 30 percent increased rating for service-connected diverticulosis. The decision found that there was no evidence of an increase in disability within one year prior to her claim and thus did not meet the criteria for an earlier effective date.

The Board denied the Veteran's claim for service connection of varicose veins of right lower extremity, finding that there is no evidence to support a causal relationship between his current condition and his military service.