Other conditions decisions — 2019

The appeal has been dismissed due to the death of the appellant, and no jurisdiction remains for further consideration.

The Board denied service connection for mesotheliomas of pleura due to asbestos exposure, finding no current diagnosis and insufficient evidence linking the condition to service.

The Veteran's right elbow strain has been rated at 10 percent since August 2013. The Board found that the condition does not warrant a higher rating as it did not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's appeal to receive a higher rating for pituitary microadenoma has been withdrawn, resulting in the dismissal of this claim.

The Board is remanding the case to obtain a copy of a November 2, 2011 letter from the Debt Management Center informing the appellant of the DEA benefits debt and the time period for requesting a waiver.

The Veteran's son is seeking Chapter 35 benefits for his father's education at Cornell University, but the program was not approved by VA until September 2009. The appellant attended from August 2005 to December 2008 and thus is not eligible.

The Veteran's claim for overpayment of REAP benefits is remanded due to the lack of documentation regarding her school attendance and responsibility.

The Veteran's stomach disorders, including ventral hernia and peritoneal adhesions, are being remanded for further examination to determine if they are related to his service-connected gunshot wound. The rating for the abdominal scars is also being remanded.

The Board denied service connection for narcolepsy as there is no current diagnosis of the condition and the Veteran's symptoms are already covered by his existing sleep apnea disability.

The Board has remanded the Veteran's claims of service connection for warts on both feet, otitis media, and gastrointestinal disorder due to inadequate opinions in previous VA examinations.

The Veteran's claim for a disability rating in excess of 20 percent for his right hand shell fragment wound with retained foreign body, four painful scars as of August 4, 2017, is denied. The claim for a disability rating in excess of 10 percent prior to August 4, 2017, is granted.

The Veteran's claim for an earlier effective date for service connection of bilateral inguinal hernias is denied. The Board also remanded the claims for initial rating and secondary service connection.

The Veteran's increased ratings for gastritis secondary to GERD and trigeminal neuralgia with headaches have been denied by the Board of Veterans' Appeals.

The Board denied the Veteran's claim for service connection for residuals of left bicep repair, finding that there was no evidence linking the condition to service and rejecting the Veteran's history of chronic symptoms during active service.

The Board has granted service connection for right and left elbow epicondylitis, but denied service connection for blurred vision.

The Veteran's cardiac disability, including sinus arrhythmia and tachycardia, is remanded for further examination and opinion as the current evidence does not provide a clear diagnosis or sufficient information to determine service connection.

The Board has determined that an adequate opinion is required before a decision can be made on the merits of the service connection claim for intrahepatic cholangiocarcinoma (claimed as liver cancer).

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran due to a lack of valid marriage records and evidence indicating her marriage was invalid. The appellant did not meet the requirements under VA regulations for recognizing a surviving spouse.

The Board has decided that the appellant and their appointed attorney need to be notified about contested claim procedures, including providing them with the content of their notice of disagreement and VA Form 9. The Veteran's issue regarding past-due benefits awarded in a November 2014 rating decision is being remanded for further action.

The Veteran's cause of death, glioblastoma, was determined to be related to his exposure to contaminated water at Camp Lejeune during his military service. As a result, the claim for service connection for the cause of death is granted.