Other conditions decisions — 2023

The Board has decided to remand the Veteran's claims for service connection for left and right hand disabilities due to a lack of medical records and the need for a VA examination.

The Board has granted service connection for Acute Myeloid Leukemia, finding that the Veteran's exposure to herbicide agents during his service in Vietnam is presumed and that this exposure is etiologically related to his current condition.

The Board denied the appellant's request for an earlier effective date of April 20, 1995, for the award of service connection for the cause of her husband's death due to atherosclerotic cardiovascular disease. The claim was initially denied in August 1995 and reopened in July 2011 based on new evidence linking the Veteran's heart disease to herbicide exposure during his service in Thailand. However, the Board found that reconsideration of the original claim is not warranted due to lack of relevant official service department records at the time.

The Board has decided to remand the case due to insufficient information regarding the Veteran's drill pay in FY 2016, and a complete audit is needed.

The Veteran's initial disability ratings for the service-connected left leg disability and migraine disability were denied. The left leg disability was rated at 10 percent, while the migraine disability received a staged rating of 30 percent from June 13, 2016, to April 18, 2019, and a maximum 50 percent rating thereafter.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to a lack of notification regarding independent medical opinions.

The Veteran's claims for shin splints and hiatal hernia have been denied. The right wrist disability claim has been remanded.

The Board has determined that the validity of the overpayment debt must be formally adjudicated by the RO, including a paid and due audit to determine what benefits were actually paid and what was due. The matter will then be returned to the Board for further consideration.

The Board has denied the Veteran's claims for service connection for cold weather injury residuals of the hands and feet, finding that there is no evidence linking these conditions to his active military service.

The Veteran's pseudophakia, resulting from bilateral cataracts surgery during active service, is granted as service-connected.

The Board has found that the development conducted does not adequately comply with a previous remand and thus the case is being returned for further action, including obtaining medical opinions from an oncologist to determine if the Veteran's throat, tongue, and lymph node cancer are related to his service.

The Veteran's claim for a higher rating for ACD from February 11, 2013 to April 17, 2019 was denied as the evidence did not show that his condition met the criteria for a disability rating in excess of 30 percent.,The Veteran's claim for a higher rating for ACD starting from April 17, 2019 was also denied as the evidence did not show that his condition met the criteria for a disability rating in excess of 60 percent.

The Board has remanded the case due to an inadequate VA medical opinion regarding the Veteran's bladder condition and herbicide agent exposure.

The Board denied the Veteran's claim for service connection for a genitourinary condition, including chronic prostatitis, finding that there was no evidence of current disability related to his military service.

The Veteran's cause of death, malignant fibrous histiocytoma and gout, is granted as service connected due to exposure to burn pit toxins during his military service.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for the purpose of establishing eligibility to VA death benefits, given her continuous cohabitation with the Veteran prior to his death.

The Board has granted service connection for a sleep disorder, manifested by snoring, obstructive apneas, and hypopneas, as being proximately due to the Veteran's service-connected status post nasal fracture with bruxism.

The Board has granted service connection for the Veteran's right lower extremity disorder, finding that it was incurred in service. The decision does not address compensation under 38 U.S.C. § 1151.

The Board has granted the appellant's request to be recognized as the Veteran's substitute party, resolving all reasonable doubt in her favor.

The Board has remanded the case for a new medical opinion to address whether the Veteran's esophageal cancer is related to his in-service treatment, including his complaints of sore throats and upper respiratory issues. The current evidence does not support service connection due to herbicide exposure.