Other conditions decisions — 2019

The Veteran's claim for an earlier effective date prior to June 10, 2013, for a 10 percent evaluation of anaphylaxis is denied as the evidence does not show that his service-connected condition had increased in severity within one year before the date of his claim.

The Board has decided the validity of an overpayment and the issue of waiver of the overpayment. The decision is remanded due to incomplete documentation.

The Veteran's sternal nonunion, requiring removal of sternal wires, sternectomy, and pectoralis flap reconstruction, was caused by his own alcohol and tobacco use after the September 2011 CABG surgery. The Board found this to be an unforeseeable event.

The Veteran's cause of death, colon cancer, was found to be related to his active duty service. The Board granted the claim for service connection for the cause of death.

The Veteran's overpayment of VA disability compensation benefits was due to concurrent receipt of military retired pay, and the appeal is denied.

The Board has remanded the Veteran's claims for increased ratings for his stress fracture of the left and right tibia, as well as his claim for TDIU due to service-connected disabilities. The Veteran is required to provide additional information about his employment history and any relevant medical records.

The Veteran's daughter is not eligible for accrued benefits as she did not meet the criteria of being a permanently incapable child under 18 years old. The appellant also failed to provide evidence that she paid for last sickness and burial expenses, thus her request for reimbursement was denied.

The Veteran's adjustment disorder is currently rated at 50 percent, which does not meet the criteria for a higher evaluation.,Prior to August 7, 2013, the Veteran was unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's adjustment disorder has not been rated appropriately, and her TDIU claim is also remanded for further development.

The Veteran's service-connected disabilities, including loss of use of the right hand and neurosis, render him unable to secure or follow a substantially gainful occupation.

The Veteran's application to transfer his educational assistance benefits to a dependent was denied because he did not complete the required service obligation, and therefore, is not eligible for transferred entitlement.

The Board has remanded the case for a new VA opinion regarding whether the Veteran's throat cancer is related to herbicide exposure in Vietnam.

The Veteran's claim for a higher level of special monthly pension (SMP) based on the need for regular aid and attendance of another person is being remanded due to procedural issues. The claim should be developed as one for SMP rather than SMC.

The Board denied the Veteran's request for an effective date prior to January 23, 2013 for the award of service connection for Chronic Lymphocytic Leukemia. The decision states that no communication was received by VA from the Veteran prior to this date indicating intent to apply for entitlement to service connection.

The Board denied the Veteran's claim for service connection for onychomycosis fungus, finding that there was no evidence of an in-service event or disease related to this condition and that the preponderance of the evidence did not support a relationship between the current condition and service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents during service aboard USS Ranger (CV-61). The cause of death is listed as Acute Myelogenous Leukemia, but there are concerns about its relation to other conditions. Additional development is needed to determine if exposure to asbestos contributed to the Veteran’s death.

The Board has remanded the Veteran's claims for service connection for a sleep condition and neurological symptoms, as they are related to his military service in Southwest Asia. The VA is instructed to obtain updated treatment records and provide medical opinions regarding the nature and etiology of these conditions.

The Veteran's spouse, S., was not added as a dependent effective within one year of her marriage to the Veteran. The RO retroactively assigned the earliest possible date based on the date of claim and since the claim was received within a year of separation, assigning an effective date of October 29, 2015, payable from November 1, 2015.

The Board has granted service connection for Crohn's disease, finding that the Veteran's symptoms began during her military service and are at least as likely as not related to it. The claim was reopened due to new evidence submitted since the previous denial.

The Veteran's appeal of their claim for a compensable evaluation for neurocardiogenic syncope has been dismissed due to the withdrawal by the Veteran’s representative.