Other conditions decisions — 2020

The Veteran's claim for service connection for Merkel cell carcinoma, to include as a result of exposure to herbicide agents, is remanded due to the need for a VA examination and opinion.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for an eye disability was denied because the new evidence submitted did not relate to the issue of whether VA care or treatment caused his current eye disabilities.

The Board has determined that the Veteran's pancreatic cancer is at least as likely as not related to his service, specifically exposure to toxic chemicals at McChord Air Force Base. As a result, service connection for pancreatic cancer is granted.

The Veteran's death was not at a VA facility, but he received hospice care from VA. The appeal is remanded to obtain the death certificate and relevant medical records to verify which entity paid for his final care.

The Board has decided to remand the case due to a failure to provide a VA examination, which could help determine if the Veteran's current genital herpes is related to service.

The Board has decided that the appellant's service from January 14, 1993 to April 13, 1998 was dishonorable due to a bad conduct discharge. The case is remanded for further review of the appellant’s personnel records and associated court-martial records.

The Board denied the appellant's claim for VA disability benefits due to his Merchant Marines service, stating that it does not qualify as active military service for purposes of VA benefits.

The Board is remanding the case due to incomplete records and a violation of the duty to assist. The Veteran's eligibility for VA healthcare based on income year 2017 needs to be reviewed.

The Board denied the Veteran's appeal because his notice of disagreement (NOD) was not filed within one year of the June 2019 rating decision, which granted service connection for urinary incontinence with a 60% evaluation effective September 14, 2018.

The Veteran's service-connected left long finger (3rd digit) and ring finger (4th digit) disabilities have been granted a 10 percent evaluation effective August 2, 2019. The Veteran’s left ring finger disability remains noncompensable.

The Veteran's appeal for service connection for chronic left foot pain was erroneously docketed under the AMA system and is dismissed. The issue remains pending with the AOJ under the Legacy Appeals System.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was dismissed because the Veteran died during the pendency of the appeal.

The Board has decided to remand the Veteran's claim for a compensable rating for right eye macular retinopathy due to discrepancies in medical records and need for additional examination.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred during non-VA services is dismissed due to the death of the Veteran.

The Board has recognized the appellant as the Veteran's surviving spouse for VA death benefits purposes, finding that there was continuous cohabitation despite a legal separation.

The Board denied the appellant's claim for recognition as a helpless child of the Veteran due to his prior marital status, finding that he cannot be considered a helpless dependent child of the Veteran for VA purposes.

The Board denied the Veteran's waiver request for overpayment of VA educational benefits due to his other than honorable discharge, finding that recovery would not be against equity and good conscience.

The Board has remanded the case due to incomplete service treatment records and the need for a VA medical opinion regarding the Veteran's state of mind at the time of his discharge. The claim for travel reimbursement is also being remanded.

The Board has found that additional development is needed for the issues of entitlement to an evaluation in excess of 10 percent disabling for service-connected left (dominant) navicular fracture and entitlement to a total disability rating based on individual unemployability. The case will be returned to the Board after completion of this development.

The Board denied the veteran's claim for an earlier effective date prior to September 1, 2015 for the award of death pension benefits. The appellant first filed a notice of intent to file a claim for a survivor's pension on August 31, 2015, and was granted a survivor's death pension effective September 1, 2015.