Other conditions decisions — 2019

The Veteran's hiatal hernia is being remanded for further examination and opinion to determine if it existed prior to service or was aggravated by service.

The Veteran withdrew his appeal for service connection of bilateral leg nerve damage before the Board made a decision.

The Veteran's claims for service connection for a skin disorder and digestive disorder have been reopened. The Board has determined that the evidence is sufficient to reopen these claims, but further examination is needed to determine if there is any relationship between the conditions and service or herbicide exposure.

The Veteran's non-Hodgkin's lymphoma is granted service connection due to herbicide exposure at RTAFB U-Tapao, Thailand. The laminectomy of L3-L5 secondary to the non-Hodgkin's lymphoma is also granted.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or by reason of being housebound is denied because they do not have any service-connected disabilities.

The Veteran's daughter seeks correction of a payment that was returned to VA from her credit union following the Veteran's death. The Board denied this appeal as there is no evidence that the November 2016 payment was returned to VA.

The Veteran's daughter was not eligible for benefits because she was conceived before the Veteran served in Vietnam and her mother is not a Vietnam veteran. The appellant does not meet the criteria for eligibility under 38 U.S.C. §§ 1805 or 1815.

The Veteran's glioblastoma multiforme is found to be related to his presumed exposure to herbicide agents during service, and the Board grants service connection for this condition.

The Veteran's early discharge from active service due to parenthood or custody of minor children is not considered a hardship, and thus she does not meet the eligibility requirements for VA educational assistance under the Montgomery GI Bill.

The Veteran's initial rating of 100% for service-connected squamous cell carcinoma (SCC) of the left head and neck is granted from April 1, 2002, to January 31, 2004. The appeal is remanded for determining effective dates earlier than April 9, 2008, and May 4, 2017, for separate initial ratings of a tender scar and disfiguring nose scar, respectively.

The Veteran's adjustment disorder is granted with a rating of 10 percent prior to July 21, 2008. Ratings in excess of 10 percent are denied for the periods from July 21, 2008 to March 29, 2017 and beginning March 29, 2017.

The Veteran's death was not caused by a service-connected disability, and the cause of death (lymphoma) is not considered to be related to his military service.

The Veteran's daughter was awarded as a dependent from June 2003, but the effective date for additional compensation based on dependency is denied due to incomplete information and lack of submission within one year.

The Board has remanded the claims for Boutonniere deformity of the right ring and little fingers, as well as a claim for a 10 percent evaluation for multiple noncompensable service-connected disabilities. The Veteran needs to provide updated treatment records from VA facilities and private sources, and an examination is needed to assess his current disability status.

The Board has remanded the case due to the need for a new examination to determine if there are any skin manifestations of the service-connected sarcoidosis, and to review the history as stated above and as documented in previous rating decisions.

The Veteran's appeal for an earlier effective date for the award of special monthly pension based on the need for aid and attendance has been dismissed as his disagreement with the new effective date (April 28, 2017) has not been expressed.

The Veteran's claim for service connection for a left foot injury has been reopened. The Board finds new and material evidence to support the reopening of this claim. However, the issue of secondary service connection for back disability remains remanded as it is inextricably intertwined with the left foot injury claim.

The Board denied the Appellant's petition to reopen her claim of service connection for the cause of the Veteran’s death, finding that new and material evidence had not been received. The appeal was also denied for accrued benefits as there were no pending claims at the time of the Veteran's death.

The appellant's annual income exceeds the maximum allowable for a surviving spouse with two dependents, thus she is not eligible for nonservice-connected death pension benefits.