Other conditions decisions — 2019

The Board has remanded the case due to insufficient informed consent documentation and a need for an addendum medical opinion regarding the Veteran's intraoperative floppy iris syndrome.

The Board denied the Veteran's claim for service connection for acute myelogenic leukemia (AML), finding that there was no evidence showing a relationship between his current condition and his military service, including exposure to toxic herbicides.

The Board has remanded the cause of death appeal due to incomplete documentation and need for additional medical opinions.

The Veteran's claim for service connection of his extracted teeth and dentures for treatment purposes is denied as the underlying dental conditions preexisted military service and are specifically excluded from service-connection.

The Board denied the appellant's request to extend the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to lack of evidence showing a physical or mental disability preventing her from using her DEA benefits prior to July 5, 2015.

The Veteran's death was found to be service-connected, and as the surviving spouse of a permanently disabled Veteran, the appellant is now eligible for Dependents Educational Assistance (DEA) benefits.

The Veteran's appeal is denied as he does not have the required 90 days of active service for nonservice-connected pension benefits, and his claim of a disability discharge is also unpersuasive.

The Board has remanded the case for an addendum opinion regarding the etiology of the Veteran's squamous cell carcinoma and basal cell carcinoma with scarring. The VA examiner is directed to consider the private medical opinion of record, along with the medical articles provided in the record.

The Board denied the Veteran's claims for service connection for subjective dizziness and loss of balance, as well as his claim for an initial compensable disability rating for bilateral sensorineural hearing loss. The evidence did not support a finding that these conditions were related to his service-connected disabilities.

The Board denied the claims for service connection for the cause of the Veteran’s death and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 due to a lack of demonstrated basic eligibility, specifically regarding marriage status.

The Board has remanded the case due to an undelivered Statement of the Case regarding accrued benefits. The appellant's current home address needs to be confirmed and a new SOC should be sent.

The Veteran's appeal was dismissed due to their death, and no service connection issues were decided.

The Board denied the Veteran's request to establish an effective date prior to August 1, 2014 for the grant of dependency benefits. The decision stated that there was no documentation in the claims file indicating the Veteran notified VA of his spouse’s dependency within one year of the 1998 rating decision.

The Veteran's claim for service connection for residuals of dental trauma is being remanded due to the need for additional development, including obtaining his complete service treatment and personnel records, as well as Department of Defense treatment records. A VA examination will also be scheduled.

The Veteran's appeal to reopen a claim of service connection for respiratory condition is denied. Entitlement to a compensable rating for bilateral hearing loss is also denied.

The Veteran's treatment for a lacerated right finger was not covered by VA because it was non-emergent and feasible to use a VA facility, so the claim is denied.

The Board has granted service connection for the cause of the Veteran's death due to metastatic esophageal cancer, finding that it is at least as likely as not related to his presumed exposure to herbicide agents during service.

The Board denied service connection for a right elbow disability and a right hand disability, finding that the evidence did not establish a nexus between these conditions and service. The Veteran's current diagnoses of arthritis were found to have no onset in service or within one year after service separation.

The Veteran's claim for VA educational assistance benefits under Chapter 30 was denied because his application was not timely and he did not provide evidence of a disability that prevented him from initiating or completing the chosen program.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's current right hand DJD and his in-service injury. The claim will be further developed with a VA examination.