Other conditions decisions — 2019

The Board has remanded the cases due to insufficient consideration of the Veteran's exposure to ionizing radiation, specifically alpha and internal radiation. The VA is instructed to obtain a new opinion from the Compensation Service Director that addresses these factors.

The Board has reopened the claim for service connection of skin rashes due to new and material evidence received during a VA compensation examination in August 2013. The issue of entitlement to an earlier effective date for the grant of service connection for anxiety disorder is remanded as there are no specific grounds provided in the decision.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's current rhabdomyolysis residuals, including his muscle and urinary complaints.

The Board granted a waiver of recovery for an overpayment of VA educational benefits, finding that the appellant's reliance on the benefits caused her to change her position and incur undue financial hardship.

The claim of service connection for Barrett’s esophagus is reopened due to new and material evidence, but the Veteran's Barret’s esophagus remains related to his other service-connected disabilities. The case is remanded for an addendum opinion regarding the etiology of the condition.

The Board found no evidence of fault on the part of VA in providing care for the Veteran's left leg tendon repair, and denied compensation under 38 U.S.C. § 1151.

The Veteran's death was attributed to pneumonia and emphysema, which were not service-connected disabilities.,VA denied compensation under 38 U.S.C. § 1151 for the cause of the Veteran’s death.

The Veteran's period of active military service did not occur during a declared war or any other qualifying period, thus the appellant is not eligible for nonservice-connected death pension benefits.

The Veteran's service-connected non-Hodgkin lymphoma is found to have contributed to his death, which was caused by septic shock. Service connection for the cause of the Veteran's death is granted.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of this appeal.

The appeal to reopen a claim for service connection for the Veteran's cause of death is granted. The case is remanded for further evaluation regarding potential service connection due to exposure to herbicide agents.

The Veteran's claims for educational assistance benefits under the Montgomery GI Bill-Selected Reserve, Chapter 1606 and/or Chapter 1607 were denied due to her eligibility being terminated. The Board finds that reasonable efforts must be made to verify the periods of service and character of discharge before a decision is made.

The appellant's claim for accrued benefits was denied as it was not filed within one year of the Veteran's death, and there were no claims pending at the time of his death.

The Board has decided to remand the Veteran's claims for service connection and rating of his eye disabilities due to incomplete records and need for further examination.

The Veteran's claim for an initial rating in excess of 20 percent for abdominal incisional hernia prior to January 13, 2015 is denied. The Board finds that additional development is needed due to the lack of a recent VA examination and missing treatment records.

The Veteran's appeal was dismissed due to their death, and the case has become moot.

The Board has remanded the case due to pending increased rating claims and the need for additional information regarding who is financially responsible for the unauthorized medical expenses incurred during the specified period.

The case is being remanded to ensure full compliance with the contested claims procedures. The Veteran and his attorney will be provided with necessary documents and given an opportunity to respond.

The Board has determined that the Veteran's current diagnosis of myasthenia gravis is related to his military service, and thus grants service connection for this condition.