Other conditions decisions — 2019

The Veteran's claim for a higher rating for metatarsalgia, status post fracture of right fourth and second metatarsals was denied as he is already receiving the maximum available rating.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Veteran's daughter does not have spina bifida and her mother is not a Vietnam Veteran, so the claim for benefits under 38 U.S.C. §§ 1805 or 1815 fails.

The Board denied DIC benefits under 38 U.S.C. § 1318 because the appellant and Veteran did not meet the eligibility criteria for VA death benefits, as their marriage was not valid due to it occurring after the expiration of 15 years from the termination of the Veteran's service.

The Veteran's mood disorder with depressive features is productive of occupational and social impairment with deficiencies in most areas, warranting a 70 percent evaluation.

The Veteran's bilateral knee disorder, diagnosed as bilateral patellar chondrosis, is related to his military service and the Board has granted service connection for this condition.

The Board has remanded the issues of service connection for appendiceal carcinoma and colon carcinoma due to insufficient evidence. The Veteran's claims are being returned for further development.

The Veteran's cause of death was attributed to atherosclerotic cardiovascular disease, but the Board found no service connection due to exposure to herbicides or other conditions related to service.

The Veteran's appeal for service connection for sleep deprivation (insomnia) has been dismissed because the Veteran withdrew his appeal prior to a decision being made.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 and TDIU due to insufficient evidence regarding the cause of his cerebrovascular accident with left side weakness, specifically whether it was caused by VA care.

The Board denied the claim as the appellant's attempted marriage to the Veteran was invalid by reason of a legal impediment, and she did not meet the criteria for recognition as the surviving spouse.

The Veteran's service in Vietnam during the Vietnam era is confirmed, allowing for death pension eligibility. The claim is granted subject to income requirements.

The Board denied service connection for duodenal ulcer, giardiasis, and colitis residuals due to a lack of post-service medical evidence linking these conditions to the Veteran's military service.

The Veteran's claim for a mood disorder due to service is remanded as the VA did not provide a medical examination and opinion regarding his current symptoms or their etiology.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's anal abscess and hidradenitis are related to his military service, specifically riding in military style vehicles with inadequate suspension.

The Veteran's cause of death, end stage idiopathic pulmonary fibrosis, was found to be causally related to his exposure to herbicide agents during service in Vietnam. Service connection for the cause of death is granted.

The Board denied the Veteran's claim for dependency and indemnity compensation due to lack of evidence showing service-connected disability contributed to his death. The pension claim was also denied as the Veteran did not serve during a period of war.

The Veteran's claim for service connection for a dental disability, for compensation purposes is denied as there is no evidence of a current disabling condition.

The Veteran's claim for service connection for throat cancer, including as due to Agent Orange exposure, is granted. The Board finds that the evidence supports a diagnosis of laryngeal cancer and presumes exposure to herbicides based on his Vietnam Service Medal.

The Veteran's claim for payment of unauthorized private medical treatment received more than 90 days after discharge was denied as the claim was not timely filed.