Other conditions decisions — 2019

The Board denied service connection for both residuals of head injury and post-operative residuals, removal of cysts behind ears as there is no evidence of an in-service injury or disease that could be linked to the current conditions.

The Board denied the Veteran's claim of service connection for non-Hodgkin's lymphoma in a May 20, 2002 rating decision. The Veteran appealed this decision and argued that there was clear and unmistakable error (CUE) in the original decision. However, the Board found no CUE as the correct facts were known at the time and the regulations were correctly applied.

The Board has remanded the Veteran's claims for service connection for a right elbow disability and entitlement to TDIU due to unresolved medical opinions regarding the relationship between his current condition and service.

The Board has denied service connection for bowel cramps and bladder disorders as these conditions are not considered to be caused by or incurred in service.

The Board has remanded the case for further development to determine if the Veteran's pancreatitis is related to service-connected PTSD or herbicide exposure, and whether he qualifies for TDIU based on his service-connected disabilities.

The Veteran's service-connected eye disorder has worsened, and further examination is needed to determine the current severity of her condition.

The Board has remanded the Veteran's claims for service connection due to incomplete records and unclear diagnoses. The Veteran is seeking service connection for right elbow tendonitis, right lateral epicondylitis, left shoulder impingement syndrome, and other conditions.

The Board has remanded the claims of service connection for PID, hysterectomy, and bladder disorder as secondary to PID due to unclear etiology of symptoms.

The Board found that the overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits was properly created due to an adjustment in the certificate of enrollment by the institution, and denied the appeal.

The Veteran's application for Chapter 33 education benefits was denied because he did not make an irrevocable election to relinquish eligibility under Chapter 1606, which would have allowed him to receive the Chapter 1606 kicker payments. The Board found that his appeal cannot be granted as it is a matter of law.

The Board has granted service connection for right hand and left hand degenerative joint disease. The issues of whether there was clear and unmistakable error in the October 2009 rating decision denying service connection for squamous cell carcinoma, and whether new and material evidence has been received to reopen a claim for service connection for squamous cell carcinoma are remanded.

The Board has remanded the case due to new issues raised by the Veteran, including whether her hysterectomy was related to in-service symptoms and whether a fibroid caused those symptoms.

The Veteran's only service-connected disability is a noncompensably rated fracture of the left fifth metacarpal. The appellant seeks Chapter 35 DEA benefits based on this condition, but the Veteran is not deceased and has not been found to be permanently and totally disabled due to service-connected disability.

The Veteran's claim for service connection for throat cancer, due to exposure to ionizing radiation, has been dismissed as the appeal is moot due to the Veteran's death.

The Board has remanded the claim for service connection for the cause of the Veteran's death due to insufficient compliance with a previous remand directive and the need for additional development, including obtaining an addendum opinion from a VA examiner.

The Veteran's service is not considered active duty during a period of war, thus denying his claim for nonservice-connected pension.

The Board denied the veteran's spouse's claim for Dependency and Indemnity Compensation (DIC) benefits due to forfeiture of VA benefits under 38 U.S.C. § 6104, as the spouse rendered assistance to an enemy of the United States.

The Veteran's private physician diagnosed restless leg syndrome, but a VA examiner found no evidence of the condition. The case is remanded to clarify the Veteran’s current disability and obtain an opinion regarding its relationship to service-connected spine disability.

The Board found that the overpayment of VA educational assistance benefits was not properly created due to mitigating circumstances, such as personal illness and child care issues, and granted the Veteran's appeal.

The Veteran's claims for service connection for bilateral trench foot and amputation of the right great toe were denied. The Board found no current disability related to these conditions, thus denying both claims.