Other conditions decisions — 2019

The Board has remanded the case for additional development and medical examination to determine if any upper respiratory disorder is related to service or a disease/condition during service, or due to or caused by service-connected obstructive sleep apnea (OSA).

The Veteran's request for a waiver of overpayment was denied because it was not filed within the 180-day period following notification of the overpayment.

The Veteran's skin disorder is remanded for further evaluation due to the lack of a VA examination and insufficient evidence on record.

The Veteran's claim for an increased evaluation and a prior effective date are both remanded due to the need for additional examinations and development of records.

The appeal is dismissed due to the death of the Veteran, and the issue of entitlement to a total disability rating based on individual unemployability (TDIU) has been referred to the AOJ.

The Veteran's application to reopen his claim of service connection for a disability manifesting as an ulcer, indigestion, or intestinal problems was granted. The applications for service connection for PTSD, prostate cancer, heart disorder, Parkinson’s disease, hypothalamus disorder, and pituitary gland disorder were denied.

The Board has denied service connection for a testicle condition due to lack of current diagnosis. The case is remanded for further examination and opinion regarding the Veteran's foot condition.

The Board denied the appellant's claims for death pension and accrued benefits as he is not a child of a Civil War veteran or eligible to receive such benefits due to his late birth.

The Board denied the veteran's claim for nonservice-connected pension benefits due to his discharge under other than honorable conditions, which was found to be a result of willful and persistent misconduct. The appellant's character of discharge has not been upgraded by any service department or review board.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide agent exposure in Thailand. Therefore, the claim for service connection for cause of death is denied.

The Board found that the Appellant's income from Social Security Administration benefits exceeded the maximum annual pension rate for a surviving child, thus denying her entitlement to improved death pension benefits.

The Board has decided to remand the claim for service connection of diverticulitis due to insufficient evidence and a need for further examination.

The Board has determined that the Veteran's death was caused by his fatal myelofibrosis, which is considered service-connected due to his in-service exposure to benzene and other chemical solvents. The claim for service connection for the cause of the Veteran’s death is granted.

The Board has denied the Veteran's claim for service connection for recurrent urinary tract infections (UTIs) as there is no evidence that her current condition began during service or is related to an in-service injury, event, or disease.

The Veteran's service-connected genital warts have been rated at 10 percent since November 22, 2010. The Board denied a higher rating as the condition has not covered more than 40% of her body or required systemic therapy for six weeks or more.

The Board denied a higher rating for the Veteran's service-connected pelvic fracture residuals disability, finding that application of the regular schedular rating criteria was not impractical due to lack of marked interference with employment or frequent hospitalization. The decision also noted that some symptoms were not specifically addressed by the current rating criteria.

The Board denied service connection for colon cancer and the cause of death due to ionizing radiation exposure, finding no evidence that the serviceman was exposed to ionizing radiation during his military service or that his colon cancer was caused by such exposure.

The Board has determined that the Veteran's claims for service connection for left and right hip disorders require additional development, including obtaining a VA examination and issuing an SOC.

The Board has remanded the case due to insufficient information regarding the amount of accrued benefits and the expenses incurred by the Appellant for last sickness and burial. The Appellant must provide additional documentation, and all relevant evidence should be obtained.

The Board has determined that the Veteran's non-Hodgkin’s lymphoma is presumed to be related to his service, specifically his exposure to herbicides during service at Eglin Air Force Base. As a result, the claim for service connection is granted.