Other conditions decisions — 2019

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was initially denied, but granted effective July 1, 2011. The Board previously awarded an effective date of June 2, 2009. However, the CAVC vacated this decision and ordered that TDIU be granted with an earlier effective date prior to June 2, 2009. The case is now remanded for further consideration by VA's Compensation Service.

The Veteran's chronic myelogenous leukemia is remanded for a new VA examination to determine its etiology.

The Veteran's surviving spouse, who is also I.W.'s adoptive parent, attempted to claim DIC benefits for their adopted grandchild. However, the Board denied this claim as the child was not legally adopted by the Veteran prior to his death and did not meet the eligibility criteria.

The Veteran's bilateral optic nerve disability is granted a 40 percent evaluation beginning February 25, 2014. Initial ratings for the condition in excess of 20 percent prior to that date and in excess of 40 percent from that date are denied.

The Board has remanded the case for further action consistent with a joint motion for remand (JMR) due to an inadequate examination regarding the Veteran's unemployability.

The Veteran's Voluntary Separation Pay (VSP) was improperly recouped, and the case is being remanded to obtain a copy of the April 30, 2008 Memorandum for review.

The Veteran's gastrointestinal disorder is considered a qualifying chronic disability due to service in the Southwest Asia theater of operations during the Persian Gulf War. The Board granted service connection for this condition.

The Board has granted a partial waiver of recovery for an overpayment in the amount of $2,353.50 due to errors in calculating housing benefits during the Veteran's time at Massachusetts Firefighting Academy.

The Board has decided to remand the case due to insufficient findings regarding the nature and etiology of any residuals associated with throat surgery, including voice problems and choking/difficulty swallowing.

The Board has decided that there is insufficient evidence to determine if the Veteran's non-Hodgkin's lymphoma was caused by his in-service exposure to chemicals and solvents, including benzene, or radiation. The case is being sent back for further examination.

The Board has remanded the case due to a lack of updated income information and clarification on whether Medicaid Part B benefits were paid by the state for 2018 and 2019.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Sunrise Hospital on November 30, 2013 is denied because the treatment was not emergency care and all criteria under 38 U.S.C. § 1725 were not met.

The Board has determined that the Veteran's hyperaldosteronism manifested within a year of discharge and is related to service, granting service connection.

The Veteran's Chapter 33 benefits were restored for the term he attended The Mountain Training School from December 1, 2016 to March 1, 2017 due to the school closing permanently.

The Board denied the appellant's claim for additional DEA benefits under Chapter 35, finding she is not entitled to more than 1 month and 19 days of full time benefits as her parents' service eligibility has been used up.

The Board has determined that the validity of an overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits in the amount of $4,800 needs to be remanded for further development and consideration.

The Veteran's death was caused by carcinoid syndrome and AML, which the VA Board of Veterans' Appeals (Board) determined were likely related to his in-service exposure to herbicide agents such as Agent Orange. As a result, the Board granted service connection for the cause of the Veteran's death.

The Veteran's appeal for a higher rating for his service-connected chronic right lower extremity venous insufficiency is remanded due to the need for updated VA treatment records and a new VA examination.

The Veteran's appeal for service connection for residuals of a cerebrovascular accident (CVA) has been dismissed due to his death.

The Veteran's claim for eligibility for Post 9/11 GI Bill (Chapter 33) education benefits was denied due to insufficient active service. The Board has ordered the VA to obtain the Veteran’s complete service personnel records and remand the case for further development.