Other conditions decisions — 2019

The Veteran's claim for service connection for chronic irritation of the eyes was denied. The issue of entitlement to an effective date prior to March 3, 2012, for service connection for a major depressive disorder with psychotic features and PTSD is also denied.,Service connection has been granted for a major depressive disorder with psychotic features and PTSD, but no rating in excess of 70 percent is warranted. The Veteran's claim for an increased rating for gastroesophageal reflux disease (GERD) prior to October 20, 2015, and in excess of 10 percent thereafter was denied.,Service connection has been granted for cervical myofascial strain and degenerative joint disease (DJD), but no higher ratings are warranted. The Veteran's claim for an increased rating for a left hip strain, rated 10 percent disabling, is also denied.

The Board has granted service connection for plasmacytoma, claimed as secondary to contaminated water at Camp Lejeune, based on the evidence showing that the Veteran's multiple myeloma was related to in-service exposure to contaminated water containing benzene at Camp Lejeune.

The veteran's spouse was owed $1,733.68 in death pension benefits at the time of her death and this amount is granted as accrued benefits.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of vision in the right eye due to a series of laser surgeries at a VA medical center is denied, as there is no evidence that the additional disability was caused by carelessness, negligence, lack of proper skill or error in judgment on the part of VA. The Veteran's claim for compensation under 38 U.S.C. § 1151 for total proctocolectomy with ileostomy due to failure by VA hospital to treat colon cancer in a timely manner is remanded as there are insufficient medical opinions regarding whether the additional disability was caused by carelessness, negligence, lack of proper skill or error in judgment on the part of VA.

The Veteran's estate is denied accrued benefits because the appellant did not bear the cost of his last sickness. The appellant was only eligible to claim accrued benefits for the cost he bore for the Veteran’s funeral expenses.

The Board has remanded both issues regarding the validity and denial of waiver for a $71,417.08 debt due to an overpayment in VA disability compensation benefits as a result of a retroactive reduction in payment rate due to the Veteran’s incarceration.

The Board has decided that an apportionment in excess of $129.00 per month of the Veteran's VA disability compensation benefits should be granted to the Appellant, but it must issue a statement of the case addressing both the rate and effective date of the apportionment.

The Veteran's muscle pain in the thoracic spine is presumed to have been incurred during his service in the Southwest Asia theater of operations, specifically Iraq. The Board granted service connection for this condition.

The Veteran's surviving spouse submitted a claim for non-service-connected pension benefits on June 12, 2012. The RO granted the claim and awarded non-service-connected pension benefits effective August 31, 2012. The Appellant is seeking an earlier effective date of June 12, 2012. The Board finds insufficient evidence to determine if the Appellant has standing to pursue this claim.

The Veteran's cause of death was due to a myocardial infarction and coronary arteriosclerosis, which occurred many years after his service. The Board found no evidence linking these conditions to his military service.

The Veteran's prostate disability is rated as noncompensable due to the lack of evidence showing long-term drug therapy, one to two hospitalizations per year, or intermittent intensive management.

The Board has determined that the loss of teeth #7, #8, and #9 is not etiologically related to service or his bilateral TMJ disorder.

The Veteran's daughter is denied accrued benefits, including special monthly compensation (SMC) based on aid and attendance due to her not meeting the eligibility criteria for such benefits.

The Board has remanded the case due to the need to verify if the Appellant qualifies as a surviving spouse for nonservice-connected death pension benefits, including her marital status and income.

The Veteran's B-cell non-Hodgkin's lymphoma is granted as service connected due to exposure to herbicide agents during his military service in Thailand.

The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy have been granted service connection.,The Veteran’s plantar fasciitis, right foot and left foot are still not rated as requested.

The appeal is dismissed because the appellant, who was the surviving spouse of the Veteran, has passed away. As a result, there are no longer any living parties to continue the appeal.

The Board has determined that a VA examination is needed to determine if the Veteran's basal cell carcinoma is related to his military service or presumed exposure to herbicide agents.

The Board denied the appellant's claims for an earlier effective date for nonservice-connected pension benefits and a higher rate of nonservice-connected pension, finding that there was no legal basis to award these benefits prior to January 6, 2014.

The Veteran's initial rating for nephrolithiasis was denied, and his initial rating for gout was granted at a 40 percent level but no higher.