Other conditions decisions — 2024

The Veteran's claims for increased disability ratings for adjustment disorder and stress fractures of the right and left tibia have been denied due to a lack of evidence supporting higher ratings.,New evidence has been received regarding the Veteran's service in Vietnam, which may affect his claim for diabetes mellitus and bilateral diabetic retinopathy. These issues are being remanded for further review.

The Board denied the motion for revision of its August 11, 2010 decision that dismissed claims of service connection for the cause of the Veteran's death and entitlement to DIC benefits under 38 U.S.C. § 1318 due to a finding of no clear and unmistakable error.

The Board denied the Veteran's claim for service connection for a respiratory disability, finding that there was no evidence to support a link between his current condition and his active military service or exposure to herbicide agents in Vietnam. The Board concluded that the Veteran's COPD is more likely due to his long-term tobacco use.

The Board has remanded the Veteran's claim for seborrheic keratosis due to discrepancies in the extent of affected areas and outstanding private treatment records. The case will be readjudicated with consideration of both former and revised rating criteria.

The Board has granted service connection for the Veteran's eye disability and awarded special monthly compensation based on the need for regular aid and attendance. The decision is binding only with respect to the specific matters decided.

The Board has decided to remand the case due to insufficient evidence regarding the validity of a debt resulting from overpayment of educational assistance benefits under the Post-9/11 GI Bill. The AOJ must clarify the Veteran's enrollment status and provide a full accounting for how the $12,059.25 overpayment was determined.

The Board denied the Veteran's claim for service connection for chronic myelogenous leukemia, finding that it is not a B-cell leukemia and thus not presumptively associated with exposure to herbicide agents during his service.

The Veteran withdrew his appeal for service connection for alopecia, and the Board dismissed the case as a result.

The Board has denied the Appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815 due to his mother not being a Vietnam Veteran, and has remanded the issue of spina bifida benefits based on his father's service in Vietnam.

The Board denied the Veteran's claims for an earlier effective date for service connection and a higher disability rating for breast cancer. The appeal was dismissed.

The Board has determined that the Veteran's discharge from service, effective April 7, 1976 to October 2, 1986, was dishonorable due to conviction by a general court martial. As this constitutes a statutory bar to VA benefits, the appeal is denied.

The Veteran's initial disability rating for other specified trauma and stressor disorder was granted at a 30 percent level effective April 13, 2022. The decision also addressed the effective date of this increased rating.

The Board dismissed the appeal for retroactive benefits for dependents' educational assistance (DEA) benefits, finding that the issue had already been resolved by a previous decision.

The Veteran's hip conditions are rated under the current rating criteria, and her appeal is remanded for further development regarding service connection for a gynecological disorder.

The Veteran's death was not service-connected, and the appellant is over 26 years old. Therefore, she is not eligible for DEA benefits.

The Board denied service connection for a left inguinal hernia as there is no current disability and the evidence does not support a finding that it was incurred in or aggravated by service.

The Board denied the Veteran's claims for service connection for MDS and AML, finding that there was no evidence of a chronic B-cell leukemia or other disease specified by VA regulations. The Board also found that presumptive service connection based on herbicide exposure did not apply due to lack of specific diseases listed in the PACT Act.

The Board has remanded the case due to incomplete evidentiary record regarding the Veteran and Appellant's marital status. The VA is instructed to seek out additional evidence from state or local government departments to verify their marriage.

The Board has denied the Veteran's claim for service connection for a right eye condition, finding that there is no evidence to support a causal relationship between her current symptoms and active service. The appeal regarding the evaluation of lumbar degenerative disc disease and intervertebral disc syndrome prior to January 31, 2022, has been remanded due to incomplete development.

The Board has granted an increased disability rating of 30 percent for the service-connected broken nose with status post rhinectomy, effective from January 26, 2015. The decision resolves doubt in favor of the Veteran.