Other conditions decisions — 2024

The Board has determined that the Veteran's current low back disability, diagnosed as sacroiliitis and sacroiliac joint pathology, is at least as likely as not incurred during her active duty service. As such, service connection for these conditions is granted.

The Board has granted the veteran's request for payment of accrued benefits in the amount of $8763.24 for burial expenses, as the Appellant paid these costs and they are considered an accrued benefit.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's artery disability is secondary to his service-connected low back disability and related injections.

The Board has decided that the appellant's character of discharge is a statutory bar to VA benefits, including compensation benefits. However, due process requires obtaining any outstanding decisions or records from the Department of the Navy regarding an application for discharge upgrade.

The Board has granted service connection for metastatic appendiceal cancer due to exposure to herbicide agents, finding the evidence persuasive in favor of a link between the Veteran's appendiceal cancer and his military service. The cause of death is also granted, with the Board concluding that the appendiceal cancer was related to Agent Orange exposure.,The Veteran died from metastatic colon cancer, which the Board found likely caused by exposure to herbicide agents during his military service.

Service connection for hemochromatosis is denied as there is no evidence of a nexus to service, including the Veteran's deployment in Southwest Asia. The condition is considered genetic and not related to exposure to burn pits or other toxins.

The Veteran's hip disorders are rated at the maximum schedular rating of 10 percent for each hip, and further increases are denied.

The Veteran's hiatal hernia is currently rated at 10 percent, and her chronic gastritis with H-pylori is rated at 30 percent. The Board denied an increased rating for the hiatal hernia.,For the period prior to October 27, 2023, the Veteran's TDIU claim was denied as she did not meet the threshold requirements for a TDIU based on her service-connected disabilities.

The Board has granted service connection for the Veteran's hypogammaglobulinemia, finding that it is secondary to his service-connected non-Hodgkin's lymphoma.

The Board has decided to remand the cases for further clarification regarding the severity of the Veteran's service-connected skin condition, specifically addressing whether hydrocortisone cream treatment can enter the bloodstream and cause systemic effects.

The Board has granted service connection for the Veteran's left elbow disability, finding that it is at least as likely as not related to his active service.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a dental disorder, finding that there was no evidence of negligence on the part of VA in referring the Veteran to private dentists and that the disability did not result from an unforeseeable event.

The Board denied the recoupment of VA benefits due to the Veteran being a fugitive felon from June [REDACTED], 2017, to March [REDACTED], 2018.

The Board has decided to remand the case due to a need for further review of updated VA enrollment certifications submitted by the Veteran's flight school.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA survivor pension benefits due to her divorce from the Veteran prior to his death, and there is no provision in VA law allowing for such a status.

The Veteran has withdrawn his appeal regarding the restoration of educational assistance benefits under the Post-9/11 GI Bill. The Board dismissed the appeal as a result.

The Veteran's surviving spouse did not have a pending claim for accrued survivor's pension benefits at the time of her death, and thus, the appellant is denied such benefits.

The Veteran's left hip disability, manifested by limitation of flexion and impairment of the thigh, has been granted a 20% rating since June 30, 2022.

The Veteran's TDIU claim for prior to October 25, 2002 was denied as there is insufficient evidence to substantiate a reasonable possibility that she is unemployable by reason of her service-connected disabilities.

The Veteran's VR&E benefits claim is dismissed because he has achieved the goals outlined in his Individualized Independent Living Plan and attained a substantial increase in independence with program assistance, making any issue regarding additional equipment moot.