Other conditions decisions — 2019

The Veteran's claim for service connection for chronic myeloid leukemia, presumed due to herbicide exposure, is remanded for additional development including obtaining medical records and scheduling a VA examination.

The Board has remanded the case due to a request for a personal hearing and issues related to overpayment of pension benefits. The appeal is not about service connection.

The Veteran's claims for education benefits under Chapter 30 and Chapter 32 of the Montgomery GI Bill and Post-Vietnam era Veteran’s Educational Assistance Program (VEAP) are remanded due to incomplete documentation. The AOJ must issue a Statement of the Case addressing these issues, obtain the necessary service personnel records including active duty pay vouchers, and Department of Defense records regarding VEAP contributions.

The Veteran's right hip DJD (thigh impairment) is granted a 20 percent disability rating effective March 30, 2017.

The Board has determined that the severance of service connection for residuals of a left thumb disability was improper and restored it, finding no clear and unmistakable error in the original decision.

The Veteran died in November 1967 and is memorialized by a marked grave in a private cemetery. The claim for a Government-furnished headstone or marker was denied because the Veteran did not meet the eligibility criteria established by law.

The Veteran's cause of death was urosepsis, which is not related to his military service. The Board found that the preponderance of evidence does not support a finding that any service-connected disability caused or contributed to the Veteran's death.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his symptoms of fatigue and sleep disturbance are attributed to known clinical diagnoses. Service connection for these conditions is denied.

The Board denied the appellant's application to reopen her claim for accrued benefits, finding that she did not submit new and material evidence within a year of the Veteran's death. The decision also noted that the appellant is not eligible to receive accrued benefits beyond reimbursement for last sickness and burial expenses.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's death was due to atherosclerotic vascular disease and acute stroke. The service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claim for service connection for a skin condition, finding that there was no evidence to support the contention that his current skin conditions were caused by exposure to oil fire smoke during service.

The July 2004 rating decision that assigned a noncompensable rating for onychomycosis of the left great toenail is revised to assign a 30 percent rating based on prescribed systemic therapy.

The Veteran's claims for a higher disability rating and TDIU are being remanded due to the need for additional medical examination and proper notice of her claim.

The claim for accrued benefits is denied because the application was not filed within one year of the Veteran's death, and there is no evidence that the deceased spouse (I.C.B.) was the Veteran's surviving spouse.

The Board has remanded the case for an addendum opinion regarding the Veteran's T-cell lymphoma due to exposure to chemicals/toxins other than herbicide agents at Fort McClellan.

The Veteran's claims for service connection for musculoskeletal disorders of both lower extremities are remanded due to the need for a VA examination.

The Board has decided to remand the case due to a need for a new VA examination and retrieval of recent VA treatment records.

The Veteran's appeal for Employment Adjustment Allowance (EAA) payments was denied because she did not submit the required job search logs as per her Individualized Employment Assistance Plan (IEAP). The Board found that she failed to cooperate and participate in the stated objectives of the IEAP, resulting in interruption of services.

The Veteran's service dates fall between the Vietnam era and the Persian Gulf War, which means he did not have active service during a period of war. Therefore, his eligibility for nonservice-connected pension benefits is denied.