Other conditions decisions — 2019

The Board denied the Veteran's claim for service connection for non-Hodgkin's lymphoma (spleen removal) as his claimed exposure to herbicide agents in Thailand was not supported by evidence, and there was no presumption of exposure.

The Veteran's cervical spine surgery performed at a private facility was not covered by the 38 U.S.C. § 1151, and thus he is denied compensation for additional disability resulting from this procedure.

The Veteran's fibroid cyst on right ovary, status post hysterectomy, is granted service connection. The initial disability rating for pruritis with dermatographism remains at 10 percent.

The Veteran's appeal was dismissed due to their death, and the case is now closed.

The Board denied the Veteran's claim for service connection for arthritis of the left hand, finding that there was no evidence to support a link between his current condition and his military service.

The Veteran's daughter, L.W., is not considered permanently incapable of self-support prior to her 18th birthday due to her employment and ability to support herself through Supplemental Security Income (SSI). Therefore, she cannot be recognized as a 'helpless child' for VA benefits.

The Board denied the Veteran's claim for service connection for loss of his upper front tooth, finding that there was no evidence showing a loss of substance of the body of either maxilla or mandible due to in-service dental trauma.

The Board has granted effective dates of September 1, 2015 for the awards of additional compensation for two Veteran's dependent children on the basis that they were pursuing courses of instruction at educational institutions approved by VA.

The Veteran's claim of entitlement to an increased rating for his service-connected left inguinal hernia disability is being remanded due to the need for additional medical evidence and a more contemporaneous examination.

The Board dismissed the appeal as there is no legal basis to again adjudicate a claim of entitlement to nonservice-connected burial benefits greater than the amount already awarded.

The Board has reopened the claim for service connection of varicose veins due to new and material evidence, but the issue is remanded as it requires a VA examination.

The Veteran's claim for reimbursement of transportation expenses greater than $810.00 was denied as the appellant provided evidence that only covered costs related to transporting family members, not the Veteran's remains.

The Veteran's claim of service connection for a left foot condition has been reopened due to the submission of new and material evidence. The case is now remanded for further evaluation.

The Veteran's initial rating for service-connected residuals of back injury was denied, with a final rating of 10 percent prior to October 25, 2018 and 20 percent thereafter.

The Board has remanded the cases due to insufficient consideration of all theories of entitlement, including those related to exposure to asbestos and other environmental factors.

The appeal for DIC benefits and service connection for the Veteran's cause of death has been dismissed as all issues have already been adjudicated by the Board.

The Board denied the appellant's claim for service connection for the cause of the Veteran’s death, finding that the Veteran did not die from a covered herbicide disease and thus her remarriage prior to age 57 bars her recognition as a surviving spouse.

The Veteran's eligibility to Dependents' Educational Assistance (DEA) benefits has been granted, but the effective date for these benefits needs to be reconsidered due to a remanded issue of entitlement to TDIU prior to June 30, 2015. The issues related to hip dysplasia have also been remanded.

The Veteran's appeal is denied as there is no entitlement to retroactive payment for disability compensation benefits or the specific amount of $1,474.00 for December 2011.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which bars VA benefits. The claim is granted in part as it reopens the issue of whether the character of his service is a bar to receiving VA benefits.