Other conditions decisions — 2019

The Veteran's right foot and ankle DJD, prior to April 24, 2014, is granted a 20 percent rating.

The Veteran's tonsillar cancer is found to be related to his active service, specifically exposure to Agent Orange during his time in the Republic of Vietnam. As a result, the claim for service connection for tonsillar cancer is granted.

The Board has determined that the Veteran's interstitial cystitis, a medically unexplained multisymptom illness (MUCMI), is service connected as it meets the criteria for a qualifying chronic disability under 38 U.S.C. § 1117 and 38 C.F.R. § 3.317.

The Veteran's hand disorders, including Dupuytren's contracture and arthritis, are being remanded for further examination to determine their etiology. The examiner must consider whether these conditions are related to service or diabetes.

The Veteran's cause of death was service-connected, and the appellant is recognized as his surviving spouse. The claim for nonservice-connected death pension is dismissed due to a lack of pending claims at the time of the Veteran's death.

The Board has determined that the Veteran's essential tremors of the right and left hands had its onset during his active duty service from January 1991 to April 1991, granting service connection for this condition.

The Board is remanding the Veteran's claims for service connection, increased ratings, SMC, and TDIU as requested by the Veteran’s representative. The VA must obtain SSA records that may be relevant to the Veteran's disability claims.

The Board denied the claim for service connection of a pulmonary disability, finding that the preponderance of evidence is against finding it began during active service or was otherwise related to an in-service injury or disease. The decision cites the lack of documented exposure to asbestos during service and the long gap between discharge from active duty and the manifestation of the condition.

The Board denied the appellant's claims for recognition as the Veteran’s surviving spouse for purposes of entitlement to dependency and indemnity compensation (DIC) benefits, survivor pension benefits, and accrued benefits due to a lack of evidence supporting her claim.

The Board denied the appellant's petition to reopen his claim of whether his service character barred him from receiving VA benefits, finding no new and material evidence presented.

The Veteran's vocational goal as a health advocate is not reasonably feasible due to his chronic homelessness, mental health issues, and refusal to accept treatment.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to receiving VA benefits. The Board also found no evidence of insanity at the time of his in-service misconduct.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, not a minor offense. The character of his discharge is therefore considered dishonorable, barring him from VA benefits.

The Veteran's claims for earlier effective dates for service connection were denied because the changes in regulations did not serve as the basis for the grant of his claims.

The Veteran's death was not caused by a service-connected disability, and therefore DIC benefits are denied.

The Veteran's claims of entitlement to service connection for right and left leg restless leg syndrome have been granted, but the cases are still pending as they need further development due to new evidence received since the May 2018 supplemental statement of the case.

The Board has determined that the Veteran's service-connected PTSD caused or contributed to his arteriosclerotic cardiovascular disease, which was listed as the cause of death. The claim is therefore granted.

The Board has decided to remand the Veteran's claim for a higher rating for his L5 osteophyte formation and degenerative disk disease due to inconsistencies in the February 2017 VA examination report, which did not provide sufficient findings to decide the case. The Veteran needs additional treatment records from Texas Orthopedics and an updated examination.

The appeal is remanded due to incomplete documentation. The Veteran's eligibility for transferring educational assistance benefits under the Post-9/11 GI Bill program must be determined based on available information.

The Veteran's claim for nonservice-connected disability pension was granted with an effective date of July 6, 2017. The decision is based on the submission of a formal application within one year of his initial indication to file a claim in July 2017.