Other conditions decisions — 2019

The Board denied compensation under 38 U.S.C. § 1151 for residuals of surgery for a left distal radius intra-articular fracture, finding that the additional disability was not proximately attributable to VA treatment and was not reasonably foreseeable.

The Veteran's adjustment disorder with depressed mood is not related to his military service and the claim for service connection is denied.

The Board denied the appellant's claims for recognition as the surviving spouse of the Veteran for DIC benefits and death pension, finding that she did not meet the legal requirements due to her remarriage prior to December 16, 2003.

The Board has determined that the Veteran's current throat cancer is likely caused by his exposure to contaminated water during service at Camp Lejeune, and thus grants service connection for this condition.

The appeal for benefits under 38 U.S.C. § 1805 for a child born with spina bifida is dismissed due to the death of the appellant.

The Veteran's claim for service connection of dental conditions for treatment purposes is being remanded due to incomplete development.

The Veteran's service-connected dysthymia is rated at 70 percent, and he has been granted a total disability rating based on individual unemployability (TDIU). The dysthymia causes significant social and occupational impairment.

The Board has remanded the case due to inadequate examinations and failure to consider the Veteran's lay statements regarding his exposure to environmental pollutants during service. The case is being returned for further development, including obtaining military personnel records and verifying the Veteran's claimed exposures.

The Veteran's marriages were terminated by divorce after November 1, 1990, which is a bar to the Appellant being recognized as a helpless child for DIC benefits.

The Veteran's service as a guerilla unit member from June 1943 to March 1945 is not considered qualifying for VA pension benefits, leading to the denial of the claim.

The Board previously denied service connection for squamous cell carcinoma of the hypopharynx. The Court remanded the case due to insufficient reasons and bases provided by the Board regarding the potential link between in-service herbicide exposure and the cancer.

The Board has determined that the Veteran's current bilateral eye condition, diagnosed as chronic conjunctivitis and tear film insufficiency, is related to service. The evidence is in relative equipoise regarding whether the Veteran’s current bilateral eye condition had its onset in service.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's radiation exposure and the nature of his body cysts. The AOJ will need to obtain a dose estimate for any potential radiation exposure, clarify the cause of the Veteran's current body cysts disability, and determine if service connection is warranted.

The Veteran's appeal for the validity of a debt in the amount of $59,888 and his request for waiver of overpayment are being remanded due to procedural issues. He is entitled to further notice regarding these matters and an opportunity to appear before the Committee on Waivers.

The Board denied the Appellant's claim for nonservice-connected death pension (survivor's pension) because her income exceeded the applicable limit.

The Board has decided to remand the Veteran's claim for emphysema due to insufficient evidence regarding its onset and relationship to service, particularly exposure to Agent Orange. A VA examination is needed to determine if the condition had its origin during service or within one year of discharge, and whether it was caused by his service-connected COPD.

The Veteran's claim for an earlier effective date for a 50 percent rating for service-connected insomnia is denied. The claim for an increased rating in excess of 50 percent for insomnia is also denied.

The Veteran's left hip bursitis does not meet the criteria for a higher rating as it does not limit extension to less than 5 degrees or restrict his ability to cross his legs.

The Veteran requested the withdrawal of his claim for Total Disability Evaluation Based on Individual Unemployability (TDIU) prior to October 1, 2014.

The Board is remanding the case to determine if the Veteran's non-VA medical treatment on March 10, 2011 was authorized by VA and to obtain all relevant records.