Other conditions decisions — 2022

The Veteran's appeal of the apportionment of $140.00 per month of his VA disability compensation benefits on behalf of C.S. and C.S. is denied because the record establishes that they experienced hardship due to inadequate financial support throughout the appeal period, but the Veteran has not provided evidence that this special apportionment causes him undue hardship.

The Board denied service connection for Cushing's syndrome, hyperaldosteronism, and pheochromocytoma as the Veteran does not have current disabilities related to these conditions during the appeal period.

The Veteran's claims for increased ratings for his right hand and finger disabilities have been denied. The initial compensable rating for a right third finger disability prior to November 12, 2021 has been denied. From November 12, 2021, the claim for an increased rating in excess of 10 percent is also denied. Claims for initial ratings for a right fourth and fifth finger disabilities are denied.

The Board has granted service connection for Alzheimer's dementia, finding that the Veteran's diabetes likely aggravated his dementia. The decision resolves in favor of the appellant.

The Veteran's appeal was dismissed due to the death of the appellant, and no final decision can be made as a result.

The Veteran withdrew his appeal for service connection for a respiratory condition, including symptoms of cough and exposure to oil and gas. The Board dismissed the appeal as withdrawn.

The appeal as to the overpayment of VA compensation benefits in the amount of $1,001.00 was dismissed due to a full waiver granted by COWC. The reduction in VA compensation benefits for concurrent receipt of military service drill pay from FYs 2004-2012 was upheld. However, the appeal as to the validity and recovery of the debt related to concurrent receipt of VA compensation and military drill pay during active duty periods is remanded due to procedural issues.

The Board denied a survivor's pension since May 1, 2019 because the appellant's income exceeded the applicable maximum annual pension rates (MAPRs).

The Board has remanded the claims for lung disability and esophageal cancer due to herbicide exposure on a substitution basis, as the VA did not substantially comply with the May 2018 Board remand instructions in relation to these issues. The case is being returned to the Board for obtaining new VA opinions that adequately comply with the May 2018 Board remand directives.

The Veteran's service-connected other trauma and stressor related disorder is rated at 70 percent, effective from the date of this decision.

The Veteran's claim for a higher rating for his myocardial infarction is being remanded due to the need for additional medical examination and records.

The Board has decided that the Veteran's skin disorder is not related to service, specifically presumed herbicide exposure. The decision is remanded due to insufficient evidence regarding the relationship between the Veteran's skin conditions and his service.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's CLL is caused by asbestos exposure during service. The RO must obtain a new opinion from a hematologist or oncologist that considers the specific circumstances and articles submitted by the Veteran.

The Board has remanded the case due to insufficient attempts by the AOJ to contact the Veteran regarding VR&E benefits under Chapter 31. The AOJ is instructed to make reasonable attempts to reach the Veteran and document all attempts, including physical mail if necessary. If appropriate, an extended evaluation should be provided for the Veteran's eligibility for vocational rehabilitation benefits and training. If not feasible, a determination of eligibility for Independent Living Services should also be made.

The appeal has been dismissed due to the appellant's death. The Board does not have jurisdiction to adjudicate the merits of this case.

The Board has granted service connection for B-cell acute lymphoblastic leukemia, finding that the Veteran was exposed to herbicide agents during his service in Thailand and granting presumptive service connection based on this exposure.

The Board has remanded the claims for service connection for squamous cell carcinoma of the tongue with metastasis, cause of death, and TDIU due to service-connected disabilities. The issues are related to the Veteran's in-service exposures to chemicals/toxins and bodily fluids.

The Board has determined that the Veteran's chronic lymphocytic leukemia (CLL) is attributable to his exposure to burn pits during his service in Iraq and Kuwait, and thus grants service connection for CLL.

The Board has remanded the claims for service connection for numbness, pain, and tingling in the fingers of both upper extremities due to concerns about the scope of the Veteran's claim and the need for an addendum opinion.

The Board denied the Veteran's claim for service connection for a throat disability, including acute strep throat, pharyngitis, peritonsillar abscess (claimed as throat condition), finding that there was no evidence of a chronic condition and attributing current symptoms to post-service events.