Other conditions decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to herbicides while stationed on the USS Henry W. Tucker, which may have been within 12-nautical miles of Vietnam's coast.

The Board denied the appeal as there was no clear and unmistakable error in granting SMC at the K rate for loss of use of the left hand, based on the evidence then of record.

The Veteran's left elbow degenerative joint disease was previously denied an increased rating, and the Board has now remanded for a new examination to assess the current severity of his condition.

The Board has remanded the case due to a lack of necessary records, including service treatment and personnel records. The appellant argues that the Veteran's release from active duty service as a result of failing to meet physical fitness requirements falls within one of the exceptions for revocation of transferred entitlement.

The Board has determined that additional development is needed to determine if the Veteran's vascular diseases of the bilateral lower extremities are secondary to his service-connected atherosclerotic cardiovascular disease (IHD).

The Board denied service connection for a sinus disability, finding that the Veteran's symptoms did not relate to his military service and that there was no competent evidence linking his current condition to his time in active duty.

The Board has remanded the Veteran's claim for service connection for a liver condition, including as due to porphyria cutanea tarda or service-connected disability. The case will be reviewed with consideration of all possible service-connected disabilities and the possibility of secondary service connection.

The Veteran's overpayment claim under the Post-9/11 GI Bill is remanded due to a dispute about the validity and amount of the overpayment. The Veteran disputes the total calculated amount, claiming his leave of absence was only temporary.

The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's TMJ dysfunction. A new VA examination is needed.

The Veteran's eligibility for Post 9/11 GI Bill (Chapter 33) education benefits is denied because his only eligible period of service has already been used to qualify him for Chapter 30 benefits.

The Veteran's request for a waiver of overpayment in service-connected pension benefits was denied because it was not made within the required 180-day period.

The Veteran's appeal is denied as he did not file a valid claim for additional compensation based on his former spouse, M.D., during the period from April 2009 to August 2012. The Board found that the earliest possible effective date for any award of increased disability compensation based on the Veteran’s marriage to M.D. falls after their divorce.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residual disability from infection due to a cortisone shot administered by VA in November 2013 is denied as there are no residuals that can be attributed to the carelessness, negligence, or fault of VA.

The Board recognized the Veteran's widow as his surviving spouse for VA death benefits purposes, but did not award any compensation. The claimant is therefore denied attorney fees.

The Board has determined that both issues need to be remanded due to the lack of a Statement of the Case (SOC) for these matters. The validity of the debt and entitlement to waiver of recovery overpayment are inextricably intertwined.

The Veteran's death was not service connected, and the appellant did not meet the criteria for nonservice-connected burial benefits. The claim is denied.

The Board denied the Veteran's claim for service connection for Goodpasture syndrome, finding that there is no current diagnosis of the condition and that it did not begin during or as a result of his military service.

The Veteran's service-connected foot condition impacts his ability to perform any kind of occupational task, making him unemployable. The Board has referred the case for extraschedular consideration under 38 C.F.R. § 4.16 (b).

The Board found that the delay in treatment at the VA emergency room did not result in an additional GI disability, and thus denied the claim for compensation under 38 U.S.C. § 1151.

The Board has denied the Veteran's claim for service connection for a gastrointestinal disorder, finding that the preponderance of evidence is against his claims and that there is no link between his current condition and his military service.