Other conditions decisions — 2019

The Veteran's cause of death, testicular cancer with metastases to the liver, is not related to his military service, including presumed herbicide agent exposure.

The Board has remanded the cases due to failure to schedule a DRO hearing for the appellant. The matter is now pending again.

The Veteran's gout is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating due to insufficient evidence of incapacitating exacerbations.

The Board has dismissed the appeal of service connection for a skin condition due to the Veteran's withdrawal. The claim of an initial rating in excess of 10 percent prior to October 29, 2014 and in excess of 20 percent thereafter for degenerative disc disease of the lumbar spine is remanded.

The Veteran's claims for service connection for a stroke and a compensable rating for stress fracture of the right leg were denied. The Board found no evidence of current diagnoses or treatment related to these conditions.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, not insanity. Therefore, her character of discharge bars her from receiving VA benefits.

The claim for service connection for spondylolysis and Scheuermann’s Disease has been reopened, but the issue of whether these conditions clearly and unmistakably preexisted active duty service remains unresolved. The Veteran's condition is remanded to allow for a VA examination to determine if it was clearly and unmistakably not aggravated by service.

The Veteran's claim for service connection for nasopharyngeal cancer and residuals of a cerebrovascular accident (CVA) is being remanded due to the submission of new evidence that raises a reasonable possibility of substantiating the claims. The cases are being sent back for further examination and opinion regarding the etiology of these conditions.

The appeal for service connection for cause of the Veteran's death was denied, and the decision to deny this claim is final. The attorney fees from past-due benefits resulting from an August 2014 rating decision are not eligible due to a valid fee agreement that does not meet the conditions set by VA regulations.

The Board has granted a 60 percent rating for the Veteran's service-connected rectal disability, but not higher. The decision is subject to the laws and regulations governing the award of monetary benefits.

The Veteran's service connection claim for chronic myelomonocytic leukemia is granted as the Board finds that it is at least as likely as not related to his in-service herbicide exposure.

The Veteran's overpayment of $4,622.00 is being remanded for a determination on the validity of the debt.

The appeal has been dismissed due to the death of the appellant, and no effective date is assigned as the claimant died during the pendency of the appeal.

The Board denied the Veteran's claim for service connection for a bowel condition, finding that there is no current diagnosis of such condition related to his in-service spleen injury.

The Board has decided to remand the case for further clarification of the VA examiner's opinion regarding whether the Veteran has an additional disability as a result of May 2017 surgical repairs and if VA failed to exercise reasonable care during these procedures.

The Board denied the Veteran's claim for service connection for a right ring finger disability as there is no evidence of such a condition.

The Veteran's claim for service connection for paralysis of the right side of his face has been denied. The Board has remanded this issue due to insufficient evidence. For the chronic joint pain disability, including gout, the Veteran is scheduled for a VA medical examination to determine its etiology and relationship to service.

The Board denied the Veteran's claim for service connection for a skin rash and skin lipomas, finding no nexus between these conditions and his military service.,Specifically, the Board determined that there was no evidence of a current disability related to service or herbicide exposure.

The Veteran is granted education monthly housing allowance benefits at the full-time rate for his course of study from May 19, 2014 to July 31, 2014. The Board found that the class was not distance learning and thus he should be entitled to a full monthly housing allowance.

The appellant has withdrawn her appeal, and the Board has dismissed it.