Other conditions decisions — 2019

The Veteran's nerve damage to the right side of the neck is not service-connected because it was a reasonably foreseeable event that occurred during treatment, and there was no evidence of VA fault.

The Board denied the Veteran's claims for service connection for glioblastoma multiforme and his cause of death, finding that there was no evidence linking GBM to his military service or herbicide exposure. The Board also determined that DIC benefits under 38 U.S.C. § 1318 were not warranted.

The Veteran's skin disorder, including ichthyosis vulgaris and keratoderma palmaris (previously claimed as dermatitis), was not service-connected due to the lack of evidence showing that his pre-existing condition was aggravated by active service. The Board found that the Veteran's condition had a natural progression during service.

The appeal is dismissed due to the death of the appellant, and the Board has no jurisdiction to adjudicate the merits of the claims at this time.

The Board denied the appellant's claim for an earlier effective date for DEA benefits, finding that she chose May 12, 2016 as her beginning date and submitted a timely Notice of Election. The decision is based on the law and not disputed facts.

The Board denied the Veteran's claim for service connection for a disability of the right fourth finger, finding that there was no current disability and insufficient evidence to establish an in-service injury or disease.

The Veteran's claim for an earlier effective date for a 10% rating for residuals of left face contusion is denied. The effective date remains October 2, 2013.

The Veteran's death was service-connected due to exposure to herbicide agents during his time stationed near the perimeter of Korat Royal Thai Air Force Base. The appellant is granted DIC benefits for her husband’s cause of death.

The Board has determined that the AOJ's denial of the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Baptist Medical Center from February 27, 2015 through March 2, 2015 was based on an invalid rationale. The case is being remanded to allow for proper development and adjudication.

The Veteran's lumbar spine stenosis is granted as service connected, with the Board finding that it is related to an in-service injury.

The Board has granted service connection for the Veteran's lower back strain, finding that it is at least as likely as not related to his in-service injury.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for residuals of empyema, claiming that VA's failure to diagnose pneumonia and/or empyema when he sought treatment in December 2008 and January 2009 resulted in additional disability.

The Veteran's pharyngolaryngitis with decreased vocal resonance is rated at a 60 percent rating, and his right trigeminal nerve (fifth cranial) numbness is rated at a 10 percent rating.

The Veteran's claim for an increased rating for carcinoma of the left testicle, status post-radical left inguinal orchiectomy and left testicular prosthetic insertion, with impaired function of the right testis was denied as his disability is already rated at its highest possible level.,The Veteran's claim for an increased rating for voiding dysfunction under Diagnostic Codes 7528 and 7512 was also denied.

The Board has granted the Veteran's eligibility for educational assistance benefits under the Montgomery GI Bill (MGIB) due to his discharge from active duty for alcohol rehabilitation failure, which is considered a physical or mental condition not characterized as disability and did not result from willful misconduct but interfered with his performance of duty.

The Board has remanded the case due to the need for a VA examination to assess the severity of the Veteran's right leg muscle group disabilities from December 17, 1995, to June 23, 2014.

The Veteran's service connection claims for residuals of a left hip injury and residuals of a left leg injury have been granted as the evidence shows a causal relationship between his current symptoms and his active duty service.

The Board found the overpayment debt was properly created due to the Veteran's failure to notify VA of his spouse's death, resulting in higher compensation benefits payments. The appeal is denied.

The Veteran withdrew her appeal regarding the payment or reimbursement for unauthorized medical treatment provided on October 4, 2015, at Naples Community Hospital.

The Board has dismissed the appeal as the claim for SMC at the aid and attendance or housebound rate was granted in a previous rating decision.