Other conditions decisions — 2019

The Board has determined that the Veteran's throat cancer is related to his military service, specifically chemical/asbestos exposure and/or alcohol consumption which was aggravated by his service-connected anxiety disorder. As a result, the claim for service connection for throat cancer is granted.

The Board has remanded the case due to insufficient information in the VA examinations regarding loss of range of motion during flare-ups. The Veteran is required to provide releases for any relevant medical records and a new examination will be scheduled.

The Board has determined that the VA medical opinion is inadequate and requires a remand to obtain an adequate opinion regarding the nature and etiology of the Veteran's idiopathic pulmonary fibrosis, including his exposure to environmental hazards such as rocket fuel or asbestos in service.

The Board has remanded the case due to outstanding records and further development is needed regarding the Veteran's service connection for the cause of his death, including exposure to contaminated drinking water at Camp Lejeune.

The Veteran's initial claim for an increased rating for loss of sense of smell associated with Parkinson’s disease was denied. A 10 percent evaluation is granted.,An initial compensable evaluation prior to December 7, 2015, for constipation associated with Parkinson’s disease was denied. A 10 percent evaluation beginning December 7, 2015, for constipation associated with Parkinson’s disease is granted.,The Veteran's claim for an increased rating for dysphasia associated with Parkinson’s disease was denied. The initial evaluation in excess of 10 percent prior to December 7, 2015, for bradykinesia of the left lower extremity associated with Parkinson’s disease was denied. A 10 percent evaluation beginning December 7, 2015, for bradykinesia of the left lower extremity associated with Parkinson’s disease is granted.,The Veteran's claim for an initial evaluation in excess of 10 percent prior to December 7, 2015, for bradykinesia of the right lower extremity associated with Parkinson’s disease was denied. A 10 percent evaluation beginning December 7, 2015, for bradykinesia of the right lower extremity associated with Parkinson’s disease is granted.,The Veteran's claim for an initial compensable evaluation for erectile dysfunction associated with Parkinson’s disease was remanded.,The Veteran's claims for increased evaluations for loss of automatic movements of the right side and left side of face associated with Parkinson’s disease were both remanded.,The Veteran's claim for an initial evaluation in excess of 10 percent for cognitive impairment or dementia associated with Parkinson’s disease was remanded.

The Veteran's chronic suppurative otitis media and chronic otitis externa are each rated at 10 percent, effective from April 10, 2009. The Veteran's depression is rated at 70 percent from May 20, 2008 to December 2, 2015.

The Veteran's application for educational assistance benefits under the Post-9/11 GI Bill for enrollment in a flight training course was denied because he did not hold a valid second class medical certificate on the first day of his training, which is required by VA regulations.

The Veteran's service is not considered active duty during a recognized period of war, thus he does not meet the eligibility criteria for nonservice-connected VA pension benefits.

The Veteran's esophageal stricture is rated at 50 percent, but no higher, as it more nearly approximates a severe stricture of the esophagus permitting liquids only.

The Veteran's appeal is remanded for further action on his claims of TDIU, compensation under 38 U.S.C. §1151 for blindness, and special monthly compensation based on need for aid and attendance or housebound status.

The Veteran's incarceration does not automatically render him ineligible for basic entitlement to VA pension benefits. The Board finds the Court’s reasoning in Valchar is persuasive and requires further development to determine if the Veteran meets the criteria for basic pension eligibility.

The Veteran's right hip bursitis resulted in limited extension of the thigh to 20 degrees and limited flexion to 80 degrees with pain. The Board denied initial compensable evaluations for both limitation of extension and limitation of flexion.

The Veteran's request of waiver for overpayment of VA compensation benefits resulting from his incarceration for a felony was denied due to the error in notification. The Board found that the time to request a waiver has not expired and remanded the case for further action.

The Board has determined that additional development is needed to verify the type and duration of active duty service from April 2008 to October 2009, as it may affect eligibility for Post-9/11 GI Bill educational benefits.

The appeal was dismissed due to the appellant's death.

The Veteran's death was not due to a service-connected disability, and the appellant's son does not meet the basic requirements for educational assistance under Chapter 35 of Title 38 U.S.C.

The Board has remanded the issue of entitlement to a TDIU due to service-connected disabilities for further development and consideration by the Director of VA's Compensation Service.

The Veteran's son, J.A.D., receives disabled adult child benefits from Social Security Administration. The VA is remanded to obtain his SSA records and review the helpless child claim.

The Board has remanded the case due to new evidence submitted by the Veteran, and it is now up to the RO to consider this additional evidence before making a decision on service connection for a skin disorder.

The Veteran's appeal of service connection for a sleep disorder is remanded due to the need for a VA examination to determine if he has a separate and distinct sleep disability from his service-connected psychiatric disorder, and whether it is related to service.