Other conditions decisions — 2019

The Veteran's Raynaud’s Syndrome is being remanded for a new examination to assess the current severity of his condition.

The Board has dismissed the appeal as the overpayment of VA pension benefits was granted by the AOJ in April 2019.

The Veteran seeks an earlier effective date for the addition of his current spouse as a dependent. The Board finds that the requested evidence was not received within one year of notification, and thus, an earlier effective date prior to October 23, 2012 is denied.

The Board has remanded two issues: service connection for pancreatic cancer and liver cancer, both claimed as due to exposure to herbicide agents. The appeal is also remanded for a determination on the etiology of the Veteran's adenocarcinoma of the head of the pancreas with metastatic disease to the liver.

The Veteran's service was not eligible for the Army College Fund Kicker incentive due to her general discharge under honorable conditions, which does not meet the eligibility requirements for Chapter 30 educational assistance benefits.

The Veteran's claims for service connection for left and right foot deformed toes (hallux valgus) have been reopened, but the appeal is remanded due to insufficient evidence regarding whether his condition was aggravated by service.

The Veteran's service-connected disabilities have not worsened to the extent that they prevent him from performing his current job as a Paralegal/Legal Assistant, and he has been unsuccessful in finding suitable employment within his field. The Board denied reentrance into the VR&E program.

The Veteran's claim for increased ratings and temporary total evaluations due to his left knee disability were denied. The appeal is based on a direct service connection without any presumption or secondary theory.

The Board denied the veteran's spouse's claim for nonservice-connected death pension benefits due to her income exceeding the maximum annual death pension rate.

The Board denied the claim for an effective date prior to March 31, 2011, for the award of DIC benefits and an effective date prior to April 1, 2011, for the payment of DIC benefits.

The Veteran's athlete’s foot, right and left foot conditions are remanded for further development as they may be related to his service in the waters off the shore of Vietnam where he was exposed to herbicide agents.

The Veteran's claims for service connection for stomach symptoms and a higher rating for right elbow strain are remanded due to the need for additional medical opinions.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which bars VA benefits. The claim is granted in part as it relates to whether the character of his service is a bar to receiving VA benefits.

The Veteran's service-connected Trichinellosis is currently rated as noncompensably disabling. The Board has granted a 30 percent rating, which takes into account the Veteran's reported symptoms of alternating diarrhea and constipation, along with constant abdominal distress.

The Veteran's Hodgkin’s lymphoma is related to exposure to contaminated drinking water at Camp Lejeune, and the Board has granted service connection for this condition.

The Veteran is granted an initial disability rating of 70 percent for his service-connected psychiatric disorder, but further development is needed to determine if a higher rating is warranted. Additionally, the effective date for the award of service connection for a psychiatric disorder needs to be determined.

The Veteran's request for a total disability based on individual unemployability (TDIU) is remanded due to the lack of a DRO hearing. The AOJ should schedule a DRO hearing and then re-adjudicate the claim.

The Board has determined that the Veteran's current bilateral foot condition, including thromboangiitis obliterans (Buerger’s disease), began during his active service and granted service connection for this condition.

The Board has decided to remand the Veteran's claim for service connection for MRSA due to insufficient medical evidence regarding the current diagnosis and its relationship to service. The Veteran needs to provide records of treatment, and a VA examiner must assess whether his MRSA is related to service.

The Board has determined that additional development and examination are required before a decision can be made on the Veteran's claim for service connection of a neck condition.