Other conditions decisions — 2019

The Board has determined that the Veteran's Acute Myeloid Leukemia (AML) is causally related to his exposure to herbicide agents, and thus service connection for AML is granted.

The Veteran's claim for a higher rating for his service-connected chronic adjustment disorder with depressed mood was denied. The Board found that the symptoms, including occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to depression and anxiety, are adequately reflected by the current 30 percent disability rating.

The Board denied an initial rating in excess of 30 percent for left upper extremity carpal/cubital tunnel syndrome, finding that the evidence supported a moderate degree of impairment.

The Veteran was entitled to the maximum pension rate, but his medical expenses exceeded his income and were excluded from countable income. The Veteran died in January 2014 with $6,113 owed in accrued benefits for NSC pension benefits.

The Veteran's appeal for additional educational assistance benefits under the Post-9/11 GI Bill is denied as he has already used almost 47 months of his entitlement, leaving him with only 1 month and 6 days remaining.

The Board found that the Veteran's non-service-connected disability pension benefits were properly terminated as of September 1, 2008 due to his failure to report his spouse's income and the increase in his household income.

The Veteran's appeal regarding the reduction of their non-Hodgkin’s lymphoma evaluation from 100% to none was dismissed as the appellant withdrew her appeal.

The Veteran's income exceeded the maximum annual limit for nonservice-connected Special Monthly Pension (SMP) based on the need for aid and attendance, resulting in denial of his claim.

The Board has decided to remand the case due to incomplete examination and lack of recent VA treatment records. The Veteran's lower back injury is being reviewed for service connection, with a new examination needed to determine its cause or aggravation.

The claim for VA death benefits as the surviving spouse of the Veteran is denied because the Appellant and the Veteran did not continuously cohabitate until the time of the Veteran's death.

The Board denied service connection for esophageal carcinoma, finding that the Veteran's current condition did not have its onset during active service and was not caused by his military service.

The Veteran's claim for service connection for duodenal soft tissue cancer, to include as due to Agent Orange exposure, is granted. The preponderance of the evidence is against finding that the condition was incurred in or caused by service.

The Veteran's daughter, the appellant, is granted retroactive payment of DEA benefits for coursework completed between ages 18 and 26. The effective date is determined based on her eligibility date.

The Board has decided to remand the case due to insufficient evidence regarding unreimbursed medical expenses that could reduce the appellant's countable income, which is relevant to her claim for termination of death pension benefits.

The Veteran withdrew his claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to September 24, 2008.

The Board has denied the Veteran's claims for service connection for downdrown stagmentation of the eyes and jejunal mass, finding no evidence linking these conditions to his military service or exposure to herbicides. The case is being remanded for further development.

The Board has denied service connection for allergies and right hand and finger numbness, finding that the evidence does not support a link to service or service-connected conditions.,A rating in excess of 40 percent for low back disability (facet sclerosis of L5 S1) is also remanded due to an indication of worsening.

The Board denied the Veteran's claim for service connection for a prostate disorder, finding that there was no evidence of chronic prostatitis in service or for many years after service. The VA examiner opined that the current condition is less likely related to service.

The appellant's claim for benefits due to his father's Vietnam service is denied because the mother of the appellant is not a Vietnam veteran.

The Board has determined that the appellant does not have a current diagnosis of right leg disorder, soft tissue sarcoma, or diverticulosis and therefore service connection is denied for these conditions.