Other conditions decisions — 2023

The Board has remanded the claims for service connection for colon cancer and stomach cancer due to inadequate medical opinions. Additional development is needed, including obtaining updated treatment records and providing an addendum opinion from a VA examiner.

The Veteran seeks recognition of A.O. as his child for the purpose of additional dependency compensation due to permanent incapacity for self-support prior to attaining age 18. The Board has ordered a remand to obtain all relevant SSA records, including vocational and adjudicatory documents used by SSA in making its decision.

The Board denied service connection for a neck disorder, finding no current disability and insufficient evidence to establish the condition was incurred in or aggravated by service.

The Board found that the appellant did not submit a timely VA Form 9 to appeal the October 2015 SOC, and thus denied her claim.

The Veteran's claim for payment or reimbursement of unauthorized, non-VA medical expenses incurred at Mercy St. Anne Hospital on August 31, 2012 is granted because the treatment was for a condition that did not involve a service-connected disability and the nearest VA facility was not feasibly available.

The Board has granted service connection for dry eye syndrome of the left eye, finding that it had onset during active service and resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's diagnosed head and neck cancer, mammary analogue secretory carcinoma, is related to service exposure to contaminated drinking water at Camp Lejeune.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his glioblastoma to his military service or exposure to herbicide agents.

The Veteran's claim for retroactive payment of his dependent child, C.O., as a school attendance dependent is denied due to the error in notification letters being corrected.

The Veteran's ichthyosis vulgaris is already rated at the maximum schedular rating, and a TDIU was granted for the period prior to September 20, 2018.

The Board has remanded the case due to incomplete development regarding potential radiation exposure in service and a need for further clarification on the cause of the Veteran's Chronic Myelogenous Leukemia (CML).

The Board denied service connection for right and left hip disabilities due to the Veteran's failure to report for a scheduled VA examination, finding no evidence linking current hip disabilities to service.

The Veteran's appeal for a timely Notice of Disagreement (NOD) was granted, as his August and October 2008 communications were considered to be valid NODs. The Board found that the Veteran had presented arguments regarding a waiver of overpayment in response to the decision to discontinue compensation benefits.

The Board has dismissed the claim for service connection for squamous neoplastic disorder due to the Veteran not timely perfecting her appeal. The issue of a rating in excess of 10 percent for cervical spine degenerative joint disease, with interverval disc syndrome (IVDS) is remanded.

The Board found that the appellant's income, even after deducting unreimbursed medical expenses and Social Security benefits, exceeds the maximum annual pension rate (MAPR) for a surviving spouse with no dependents. Therefore, she is not entitled to a death pension.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there is no evidence linking his metastatic adenocarcinoma and anemia to his military service.

The Veteran's claims for increased ratings for service-connected residuals, compound fracture, midshaft of the right tibia and fibula, and healed compound comminuted fracture, left tibia and fibula, are granted. The Veteran is now rated at 30 percent for the right leg disability and 40 percent for the left leg disability.

The Board has granted the appellant's claims for recognition as the surviving spouse of the Veteran and service connection for the cause of his death, attributing both to secondary service-connected PTSD.

The Board found that the presumption of regularity has been rebutted and there is no clear evidence of receipt of the April 2015 SOC until January 2018. The February 2018 substantive appeal was therefore deemed timely.

The Board denied the Veteran's claim for compensation under 38 U.S.C. section 1151 for left eye blindness, finding that the evidence did not establish a relationship between his current blindness and VA care or treatment.