Other conditions decisions — 2019

The Board denied the Veteran's claim of service connection for lupus, finding that her condition did not begin during or is related to a period of active duty or Reserve service.

The appeal of the denial of service connection for the cause of the Veteran’s death is dismissed because no timely Notice of Disagreement (NOD) was filed. The claim for DIC under 38 U.S.C. § 1318 is also denied as the Veteran did not meet the criteria for total disability due to a service-connected condition.

The Veteran's daughter, the appellant, is granted retroactive payment of DEA benefits due to her attendance at an approved program of education from Fall 1989 through Spring 1993. The effective date for this benefit is March [Redacted], 1989.

The Veteran's service did not overlap with a period of war, so he is ineligible for death pension benefits.

The Veteran was not eligible for SRH insurance because he did not apply during his lifetime, and the appellant's application was submitted after the Veteran's death.

The Veteran's PTSD is granted with an initial rating of 70 percent, but no higher, prior to July 16, 2010. The right great toe disability and skin disability are denied.

The Veteran's appeal was denied as VA correctly calculated the remaining eligibility in excess of 6 months and 27 days of Post-9/11 GI Bill (Chapter 33) education benefits as of August 18, 2016.

The Veteran's appeal was denied as VA correctly calculated the remaining eligibility in excess of 6 months and 27 days of Post-9/11 GI Bill (Chapter 33) education benefits as of August 18, 2016.

The Board finds that an additional VA examination is needed due to new evidence submitted by the Veteran, including a February 2017 statement indicating gaps in medical treatment and worsening symptoms since his 2003 MVA. The examiner will determine if the neck disorder had its onset during service or is otherwise causally related.

The Veteran's claim for compensation under 38 U.S.C. 1151 due to negligence during a May 2010 surgery at the Las Vegas VAMC is being remanded because VA did not obtain consent forms associated with the surgery.

The Board denied an initial compensable rating for left epididymitis, finding that the Veteran's condition did not meet the criteria for a higher evaluation based on his symptoms and medical records.

The Board has determined that a new VA opinion is needed to determine if the Veteran's service-connected disabilities and/or herbicide exposure were a principal or contributory cause of his death, as well as whether they aggravated his multiorgan systems failure.

The Board has determined that the Veteran's left hip disorder, diagnosed as a sacroiliac strain on the left side, is related to his service-connected lumbar spine disability and therefore grants service connection for this condition.

The Board denied the overpayment of VA disability compensation benefits due to a retroactive reduction in the compensation rate, finding that the creation of the debt was not solely administrative error and thus denying the Veteran's claim.

The Board denied service connection for tremors of the right and left hands, finding no current diagnosis.,The Veteran's claim for an increased rating for basal cell carcinoma was remanded due to insufficient evidence.

The Board has granted service connection for gluteal strain with myofascial pain syndrome involving the left hip, finding it secondary to the Veteran's service-connected stress fracture of the 3rd and 4th metatarsal on the left foot.

The Board denied the Veteran's claim for service connection for a skin condition as secondary to his service-connected PTSD, finding that there is no competent medical evidence linking the skin condition to his service-connected disability.

The Veteran's adjustment disorder has been granted an initial rating of 70 percent, but not higher. The disability is characterized by occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.

The Veteran's cause of death, asphyxiation due to food with squamous cell carcinoma of oropharynx, is not service-connected because there is no evidence linking the cancer to herbicide exposure during service.

The Veteran's bilateral hip disorder is granted as service-connected, with no specific rating assigned.