Other conditions decisions — 2020

The Veteran's application to transfer Chapter 33 (Post-9/11 GI Bill) education benefits was denied because he did not satisfy the service requirements for eligibility, as determined by DOD. The appeal is denied.

The Veteran's cerebrovascular accident, claimed as a stroke, is not service-connected due to lack of direct evidence and the Board found no aggravation by his service-connected conditions.

The Veteran's thoracolumbar spine disability is rated at 20 percent prior to October 6, 2017 and at 40 percent thereafter. The cervical spine disability is rated at 30 percent from October 28, 2008 to July 26, 2019.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents and a need for a VA medical opinion. The case will be returned to the agency of original jurisdiction (AOJ) for further development.

The Board has decided to remand the case due to insufficient development, specifically regarding whether a four-day delay in obtaining surgery was a factor in the Veteran losing his eyesight and whether VA failed to timely diagnose and treat his retinal detachment.

The Veteran's gastric ulcer was granted an initial 20 percent rating, effective October 29, 2019. The disability is rated as moderate with recurring symptoms once or twice yearly.

The Veteran's myasthenia gravis with diplopia and ptosis is being remanded for a new VA examination to determine the current severity of her disability.

The Board has remanded the case to verify that the Appellant actually received the funds for the Veteran’s month of death payment. The remand requires clarification on whether the December 5, 2013 check was cashed or transferred to her account.

The Veteran's laryngeal carcinoma with hoarseness/dysphasia is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted. The Veteran's TDIU claim was also denied as his service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Board has remanded the case due to insufficient service records for the appellant's father and unclear information about his dates of service. The AOJ is instructed to verify these details, confirm if the appellant became permanently incapable of self-support before turning 18 years old, and request all relevant SSA records.

The Board denied the Veteran's claim for service connection for cause of death, finding that there was no valid diagnosis for multiple myeloma and that his colon cancer and metastasized lung cancer were not related to service or exposure to herbicides.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current heart disability is related to service. The VA must verify all unverified periods of active duty and provide a more complete medical advisory opinion.

The Veteran's appeal for service connection for lower back pain with limited motion was dismissed as the claim was withdrawn by the appellant in June 2019.

The Board has decided to remand the claim for compensation under 38 U.S.C. § 1151 due to inadequate reasons or bases in support of its decision, and did not consider all potentially applicable provisions of law as provided under Schafrath v. Derwinski.

The Board has decided to remand the cases for further development and review due to insufficient opinions regarding whether current diagnoses are related to service.

The Board has denied the Veteran's claims for service connection for residuals of ear cancer and squamous cell carcinoma of the back, finding that there is no evidence to support a link between these conditions and his military service or exposure to herbicides.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's cause of death was proximately caused by his service-connected MALT lymphoma and related radiation therapy.

The Veteran's service-connected idiopathic pulmonary hemosiderosis is being remanded for a new VA examination to assess the current severity of his disability.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at non-VA medical services on November 29, 2011 due to lack of evidence showing authorization by VA, delay in seeking treatment would not have been hazardous, and VA facilities were feasibly available.

The Veteran's claim for an earlier effective date of March 8, 2013 for the grant of service connection for metatarsal with Morton’s neuroma is granted. The claims for initial disability rating and service connection are remanded.