Other conditions decisions — 2019

The Veteran's initial ratings for cervical spine and right shoulder DJD are denied as his conditions do not meet the criteria for higher ratings under VA rating criteria.

The appellant is not eligible for accrued benefits as he does not meet the legal criteria, despite his claims of equity and frustration with the processing time.

The Board granted a compensable rating (10%) for herpes prior to February 18, 2013 based on intermittent use of oral Acyclovir therapy.

The Board has determined that the validity of the debt must be adjudicated before deciding on the waiver of recovery of an overpayment. The VA is instructed to prepare a detailed audit and provide it to the Veteran and his representative, then re-adjudicate the issue of the validity of the debt.

The Veteran's appeal for Total Disability Rating Based on Individual Unemployability (TDIU) prior to October 16, 2009 was dismissed as the Veteran withdrew his appeal through his attorney.

The Board denied service connection for the residuals of head trauma as there was no evidence of an in-service injury or event.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's abdominal and leg conditions, as well as their relationship to her VA hysterectomy.

The Board has remanded the claims for service connection due to unclear evidence and need for additional medical opinions regarding exposure to contaminated water at Camp Lejeune, herbicide agents, or other chemicals/toxins. The esophageal cancer claim is also being remanded as there are conflicting opinions on its etiology.

The Board denied the Veteran's claim for service connection for sick sinus syndrome, finding that there was no evidence linking his condition to his military service or exposure to herbicides.

The Veteran's overpayment of education benefits is being remanded due to the need for updated financial information and a review of her claim on the merits.

The Veteran's cause of death was not related to service, and the low back disability appeal is dismissed as it has been granted as an accrued benefit. The claim for pension benefits remains pending due to incomplete information.

The Board denied service connection for left and right lower extremity disabilities, finding no current diagnosis of leg pain or numbness.

The Board has remanded the claim for a new VA examination to determine if the Veteran's blurred vision of his left eye, including floaters and spider web effects, is related to service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's medication for his service-connected bronchial asthma caused or aggravated his atrial flutter and atrial fibrillation.

The Veteran's claim for a compensable rating for residuals fracture of the right hand metacarpal and his claim for service connection for back strain are both remanded due to incomplete records and need for further examination.

The Veteran's claim for service connection for colon cancer with metastasis to liver is remanded. The cause of the Veteran’s death and entitlement to nonservice-connected death pension benefits are also remanded.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's back injury and its relationship to service.

The Veteran's surviving spouse is not entitled to attorney fees for the payment of $67,017 because she did not sign a fee agreement with the appellant. The Board has decided this case and requires corrective action by the AOJ.

The Board has decided to remand the case due to insufficient evidence linking the Veteran's pancreatic cancer to his Gulf War service, including exposure to environmental toxins and hazards. A VA examination is required to determine if there is a relationship between the Veteran's service and his condition.

The Veteran's allergic conjunctivitis, a chronic condition, had its onset in service and is etiologically related to active service. The Board granted service connection for conjunctivitis based on direct evidence.