Other conditions decisions — 2019

The Board has remanded two issues: whether the debt created by removing the Veteran's former spouse, A., was validly created and entitlement to a waiver of overpayment. The Veteran should be advised of the revised amount of his debt and the issue of waiver must be addressed in the first instance.

The Veteran's left knee disability, including a meniscal tear and chondromalacia, is rated at 20 percent under Diagnostic Code 5258 for dislocation of semilunar cartilage with frequent episodes of joint 'locking', pain, and effusion. The rating was granted as the evidence supports these findings.

The Veteran's service from May 2004 to August 2008, including the period on medical hold, qualifies for maximum educational assistance benefits under the Post-9/11 GI Bill due to his service-connected disability.

The Board has granted an effective date of February 14, 2004 for the addition of the Veteran's spouse to his VA disability compensation award.

The Board has decided to remand the case for further action on two issues: whether the educational benefits debt was created properly and whether the Veteran is entitled to a waiver of overpayment. The decision will be reconsidered after these matters are resolved.

The Veteran's death is being remanded for a VA medical opinion to determine if his cause of death may be associated with exposure to herbicide agents or other chemical toxins (like benzene). The Veteran does not meet the criteria for DIC under 38 U.S.C. § 1318.

The Board has determined that the Veteran's gallbladder cancer is causally connected to his presumed exposure to herbicide agents in RVN, and thus service connection for the cause of death is granted.

The Veteran's gastritis has not resulted in severe hemorrhages or large ulcerated areas, and the symptoms do not meet the criteria for a higher rating. The Board found that the current evaluation of 10% is appropriate based on the severity of the Veteran's condition.

The Board has remanded the case due to insufficient rationale in an August 2017 opinion regarding whether lymphoma of the left testicle was caused or aggravated by service-connected bilateral testicular hydroceles. The Veteran's claim for secondary service connection is now pending and requires a clarifying opinion from a qualified genitourinary specialist.

The Board has decided to remand the case due to an inaccurate factual premise in a previous VA examination, specifically regarding a March 1972 x-ray of the lumbosacral spine. The examiner did not consider this evidence when determining that the lower back injury is less likely than not incurred in service.

The Board has determined that additional development and examination are required before a decision can be made on the Veteran's claims for service connection for snoring and hypersomnia, epididymitis, and neck stiffness, pain and discomfort.

The Board has denied the Veteran's claims for increased ratings for ulnar neuritis of the left arm, bilateral hearing loss, and migraine headaches. The case is remanded to obtain updated VA treatment records and an examination to assess the current severity of the Veteran's migraine headaches.

The Board has decided to remand the case due to the need for additional medical records and a new VA examination to assess the Veteran's liver disability, which is claimed as secondary to his service-connected hepatitis B.

The Veteran's death was caused by multiple myeloma, which the Board found not related to his military service. The claim for service connection for the cause of death is denied.

The Veteran's service-connected duodenal ulcer is rated at 20 percent, but the Board finds that there is no evidence of moderately severe duodenal ulcer with impairment of health manifested by anemia and weight loss or recurrent incapacitating episodes averaging 10 days or more in duration at least four or more times a year. Therefore, the claim for a higher rating is denied.

The Veteran's right foot calcaneal spur disability is being remanded for a more contemporaneous examination to assess its current severity.

The Veteran's service dates do not coincide with a period of war, thus he does not meet the service requirements for pension eligibility.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits. The appeal is denied as there are no legal grounds to award burial benefits.

The reduction in disability rating for post-gastrectomy syndrome with dumping syndrome and frequent episodes of epigastric distress and diarrhea was not proper. The Veteran's surviving spouse is granted restoration of the 60 percent disability rating, effective August 1, 2015.

The Board has found that new and material evidence has been received to reopen the claims of entitlement to service connection for loss of sense of taste and loss of sense of smell. However, before re-adjudicating these claims on their underlying merits, the Board finds that additional development is required.