Other conditions decisions — 2019

The Veteran's death was not service-connected, and the appellant did not meet the criteria for nonservice-connected burial benefits as her claim was filed within two years of his death.

The Veteran's intervertebral disc syndrome (IVDS) was not productive of forward flexion of the cervical spine 15 degrees or less, resulting in a denial for increased ratings.

The Veteran's appeal for an initial compensable rating for TBI residuals was dismissed due to his death.

The Board denied the Veteran's request for an earlier effective date for VA death benefits based on permanent incapacity for self-support, finding that August 26, 2014 is the earliest appropriate effective date.

The Board has determined that the Veteran's respiratory disability, including asthma, is causally related to his active service and granted service connection for this condition.

The Board dismissed the Veteran's claim for an effective date prior to September 13, 2015 for TDIU as there was no timely appeal filed.

The Board has granted service connection for squamous cell carcinoma, finding that it is due to herbicide agent exposure during military service. The cancer originated in the larynx or trachea and was presumed exposed to herbicides in Vietnam.

The Veteran died in September 2016 and had no unpaid VA benefits at the time of his death, so he did not qualify for accrued benefits.

The Board has dismissed the claims for service connection for the cause of the Veteran's death and entitlement to DIC under 38 U.S.C. § 1318 due to procedural issues related to the Appeals Modernization Act (AMA).

The Board granted the Veteran's claim for service connection for multiple myeloma due to presumed exposure at Camp Lejeune, North Carolina.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the mouth and tongue, finding that there was no causal relationship between his current disability and active duty service or herbicide agent exposure.

The Board denied service connection for left breast cancer, right breast cancer, and non-Hodgkin's lymphoma as there is no evidence to suggest a causal link between the development of these conditions and the Veteran's military service.

The Veteran's appeal was dismissed as moot because VA restored his spouse to his award of VA monetary benefits.

The Board has determined that additional evidence is needed to fully adjudicate the unauthorized medical expenses claim, including VA treatment records and private hospital records from Ripon Medical Center. The AOJ should secure these documents and readjudicate the case.

The Board has remanded the case due to an inadequate VHA physician's opinion, and a new VA medical opinion is needed to determine if the appellant’s diagnosed lumbar degenerative disc disease is related to his military service.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits. The appeal is denied as there are no legal grounds to award burial benefits.

The Board has granted a temporary total rating for convalescence following the Veteran's May 13, 2016 surgery due to his service-connected left ulnar sensory nerve parathesias. The surgery required approximately eight weeks of convalescence and the Veteran returned to work on July 18, 2016.

The Veteran's spouse, M.J.B., was added as his dependent to his VA disability compensation effective January 8, 2016. The Board found that an earlier effective date of January 8, 2016 is warranted due to the initial submission of a claim for recognition of her as his dependent in July 2009.

The appeal for VR&E benefits, other than employment services, is dismissed due to the Veteran's death.

The claim for nonservice-connected burial benefits is denied as the application was not filed within two years of the Veteran's burial.