Other conditions decisions — 2019

The Veteran's service connection claim for a neurological disability, claimed as symptoms of ALS, is denied because the evidence does not establish an in-service event or disease and there is no medical opinion linking his current condition to his military service.

The Veteran's right thumb disability was reduced from a 20% rating to noncompensable effective June 18, 2018. The claim for an increased evaluation in excess of 20% prior to June 18, 2018 is denied. The claim for an increased evaluation after June 18, 2018 is also denied.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the case due to uncertainty about the Veteran's in-country service and exposure to Agent Orange. More information is needed before a decision can be made.

The Board has decided that the decision denying the Veteran's request for additional vocational rehabilitation and education training, including obtaining an MBA degree, is unclear. The case must be remanded to clarify whether the Veteran has a Bachelor of Science in Business Administration.

The Board has restored service connection for the Veteran's voiding dysfunction (polyuria) as it was previously granted on a direct basis and there is no evidence of clear and unmistakable error in that decision.

The Board has remanded the cases for additional development due to incomplete medical opinions and inextricably intertwined issues.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current skin disorders, including squamous cell carcinoma, are related to his service, particularly sun exposure in his duty stations of Southwest Asia, Italy, and South Carolina.

The Board has remanded the Veteran's claims for leg length discrepancy and thoracic spine condition with radiating pain, as they are related to her service-connected lumbar spine strain with DJD. The VA will provide a new examination to address these issues.

The Board has reopened the Veteran's claim for service connection for chronic nephritis, post-streptococcal glomerulonephritis. The claims of service connection for gout and hypertensive vascular disease are also remanded due to their inextricability with the kidney condition.

The Veteran's service is not considered during a recognized period of war, thus denying the claim for nonservice-connected disability pension benefits.

The Veteran's representative has filed a claim for clear and unmistakable error in the February 2006 rating decision that granted service connection for residuals of a jammed right index finger. The issues are inextricably intertwined, so both must be remanded.

The Veteran's child is granted retroactive Chapter 35 (DEA) benefits from January 21, 2010. The appellant was notified of her eligibility for these benefits in August 2017 and requested an earlier effective date of August 1, 2012. After considering the legal parameters and the appellant's unique circumstances, the Board found that she is entitled to retroactive Chapter 35 (DEA) benefits from January 21, 2010.

The Board dismissed the claim for service connection for multiple myeloma due to exposure to ionizing radiation as the appellant died during the appeal process.

The Board has granted service connection for multiple myeloma, a spinal cord disability (including compression fracture and cord compression), and lower extremity paralysis, all of which are found to be related to the Veteran's active military service. The decision also grants secondary service connection for these conditions based on their relationship to his service-connected multiple myeloma.

The overpayment of VA compensation benefits for F was properly created due to the Veteran's delayed notification of her spouse's death, resulting in an overpayment that must be repaid.

The Board has remanded the case due to a need for further development and clarification of the recoupment of separation pay, specifically whether it was properly withheld twice or once.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during a private hospitalization at St. Joseph’s Hospital South on April 17th – 18th of 2018, finding that VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable.

The Board has decided to remand the case due to inadequate opinion on direct service connection for tremor disorder and a need for an addendum opinion.

The Veteran's claim for a higher rating in excess of 10 percent for bruxism and bilateral articular disorder reducing with masticatory myofascial pain is remanded due to the need for new VA examinations.