Other conditions decisions — 2023

The Veteran's cause of death is due to in-service Agent Orange exposure. The claim for dependency and indemnity compensation under 38 U.S.C. § 1318 is denied as the Veteran did not have any disabilities rated as totally disabling at the time of his death.

The Board found the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to VA benefits. The appeal is denied.

The Board has remanded the claims for service connection for benign tumor parotid gland and nerve damage, as these issues are intertwined. The case is being returned to obtain a new VA examination to determine if the Veteran's conditions are related to his time in service or due to burn pit exposure.

The Veteran's appeal for waiver of overpayment benefits was dismissed due to his death, and no jurisdiction remains to adjudicate the merits of this appeal.

The Veteran's service-connected adjustment disorder with depressed mood renders him unable to secure or follow a substantially gainful occupation, and he is granted a total disability rating based on individual unemployability (TDIU).

The Board denied the appellant's claim for an earlier effective date for Dependency and Indemnity Compensation (DIC) benefits, finding that the earliest effective date available is November 1, 2016.

The Board has determined that VA did not fulfill its duty to assist in obtaining the Veteran's VA medical records from Pensacola VA Medical Center, which were relevant to his cause of death. The case is being remanded for further action.

The Board has granted the Veteran's application to reopen his claim of service connection for left eye disability and has determined that he is entitled to service connection for left eye myelinated nerve fibers. The decision finds that there is at least equipoise evidence regarding whether the condition had its onset during active duty service, thus granting service connection.

The Board denied the Veteran's claim for service connection for a deviated septum, finding that there was no evidence of any in-service trauma or continuous symptoms after discharge. The Board also found no probative medical opinion linking the current diagnosis to service.

The Veteran's claim for service connection for macular degeneration affecting both eyes and rendering her legally blind is being remanded due to the need for a VA examination or expert medical opinion from an ophthalmologist with a specialty in retinal conditions.

The Veteran's lipoma of the left side of the forehead due to laceration injury is granted with a 30 percent rating, effective from June 28, 2022. A separate 10 percent rating for painful scar associated with the lipoma is also granted.

The Board has denied the Veteran's claim for payment or reimbursement of medical services provided by Our Lady of the Lake Physician Group (OLLPG) from September 17, 2015, to October 15, 2015. The decision states that VA did not authorize the treatment and that it was not emergent in nature.

The Veteran withdrew all matters on appeal before the Board could make a decision, so the case is dismissed.

The Board has remanded the claims for service connection for bilateral foot disabilities due to inadequate medical opinions and failure to consider relevant evidence. The Veteran's representative provided additional medical literature suggesting a connection between knee conditions and feet issues.

The Veteran's acquired skin disability is rated at 30 percent, which does not meet the criteria for a higher rating. The Board also denied his claim for TDIU prior to September 1, 2019.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for heart failure, finding that there was no evidence of additional disability caused by VA carelessness, negligence, or similar fault.

The Board granted service connection for multiple myeloma due to herbicide agent exposure, finding that the Veteran served within the territorial waters of Vietnam and thus was presumptively exposed to herbicides.

The Board has granted service connection for uterine lesions, abnormal uterine/vaginal bleeding and cramps, groin pain, left ovarian cyst, vaginal atrophy, and residuals of fallopian tube obstruction (claimed as residuals of tubal ligation) due to the evidence being approximately evenly balanced in favor of the Veteran.

The Veteran's traumatic spondylosis status post L4 and L5 vertebral fractures with fusion and intervertebral disc syndrome led to incapacitating episodes having at least two weeks but less than four weeks during the past 12 months, warranting a rating of 20 percent. The Board denied a higher rating.

The Board has determined that the Veteran's bladder disability is related to her service-connected PTSD, and thus grants service connection for this condition.