Other conditions decisions — 2023

The Veteran's liver cancer, which caused his death, was related to his in-service exposure to herbicide agents (Agent Orange). Service connection for the cause of the Veteran's death is granted.

The Board has decided to remand the case due to uncertainty in the VA examiner's opinion regarding asbestos exposure and colon cancer. The Veteran needs a new medical opinion considering an article from the American Cancer Society.

The Veteran's appeal was dismissed due to their death, and no final decision can be made.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for service-connected left thumb strain and left groin strain due to insufficient evidence. The Veteran is not entitled to a higher rating based on his current symptoms.

The Veteran's initial claim for a higher rating for his stroke disability was denied. The Board found that the current 10% rating adequately compensates him for incomplete and moderate paralysis of the eleventh cranial nerve, despite some improvement during the appeal period.

The Board denied service connection for anemia, finding no evidence of a nexus to service or a service-connected disability.

The Board has denied the Veteran's claim for nonservice-connected burial benefits due to a failure to file a formal or informal claim within two years of the Veteran's death. The appeal is also remanded for consideration of the Appellant's pension claim, as her income information from certain years was not considered in the previous adjudication.

The Veteran's right and left knee disabilities are currently rated at 10% and 20%, respectively. The Veteran contends that his conditions are worse than before, citing pain, popping, locking, and feelings of wear and tear after continued use.

The Board has decided to remand the case due to inadequate opinions regarding the Veteran's right eye disorder, including its relationship to service and whether it is related to his service-connected disabilities.

The Board has granted service connection for the Veteran's left testicle condition, including epididymitis, spermatocele, and cyst. The decision finds that the evidence is at least in equipoise to support a finding that these conditions were incurred during active duty.

The Board denied the Appellant's claim for increased pension for purposes of receipt of accrued benefits, necessary for reimbursement for expenses of last sickness and or burial of the Veteran's surviving spouse. The record did not show that the Appellant herself incurred any such expenses.

The Veteran's heart-related heat stroke residuals have been rated at a 60 percent since March 1, 2015. The rating is effective as of that date.

The Board found the Veteran's substantive appeal was untimely and denied it.

The Veteran's claim for an initial compensable rating for a healed right 5th metacarpal fracture (previously claimed as right - hand condition) is denied due to the lack of compensable limitation of motion under applicable diagnostic criteria.

The Veteran's appeal for a higher rating for their skin condition has been dismissed due to the death of the appellant. The Board does not have jurisdiction to proceed with this matter as the appellant is deceased.

The Board has remanded the Veteran's claim for service connection for penile cancer, including as due to herbicide agent exposure and secondary to service-connected prostate cancer. The case is now pending further development.

The Board has determined that the Appellant is the surviving spouse of the Veteran for VA DIC benefits purposes, based on continuous cohabitation and no evidence of remarriage or public representation as a spouse.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for a right inguinal hernia, alleging that VA negligence led to the need for a second surgery and resulting in additional disabilities such as erectile dysfunction and lower sex drive.

The Board has remanded the case due to insufficient evidence regarding the Veteran's occipital neuralgia, including potential service connection for nerve damage and secondary service-connection correlation with non-allergic rhinitis. Additional development is required.

The Board has decided to remand the case due to issues regarding the creation and validity of a combined overpayment debt in the amount of $10,548.01 of VA compensation benefits. The Veteran will be provided an opportunity to respond after the adjudication process.