Other conditions decisions — 2024

The Board has remanded the Veteran's claims for service connection for right breast cancer and right upper extremity lymphedema due to potential Agent Orange exposure during her Vietnam service.

The Veteran's death was not service connected, and therefore he is not eligible for nonservice-connected burial benefits. The Appellant incurred expenses related to the burial but does not meet the criteria for reimbursement of transportation expenses.

The Veteran's eligibility for education benefits under the VET TEC program was denied because he reached his delimiting date for Post-9/11 GI Bill (Chapter 33) benefits on June 6, 2021. As of that date, he was no longer eligible for VET TEC.

The Veteran's death from pancreatic cancer is being remanded due to a duty to assist error, as the cause of death was not previously addressed in the context of service connection for exposure to herbicide agents.

The Board denied the Veteran's claims for increased ratings for his service-connected left and right foot hallux valgus, finding that the evidence did not support a rating in excess of 10 percent under the applicable criteria.

The appeal was dismissed as the claim for payment of non-VA medical care provided from November 1, 2019, through June 30, 2020, has been resolved by administrative action.

The Board has decided to remand the case due to insufficient medical opinion regarding whether a gastrointestinal condition is related to diabetes mellitus.

Your claim for service connection for status post-colostomy has been fully granted, and the issue is now dismissed as there are no unresolved claims.

The Veteran's basal cell carcinoma was found to be at least as likely as not incurred during service, and the Board granted service connection for this condition.

The Veteran and the appellant were legally married at the time of the Veteran's death, continuously cohabitated until his death, and have not since remarried. The Board has granted recognition of the appellant as the surviving spouse for VA purposes.

The Veteran's claim for a rating in excess of 70 percent for other specified trauma and stressor related disorder with insomnia disorder was denied, as his symptoms did not meet the criteria for a higher disability rating. The Veteran also failed to establish that he is unemployable based solely on his service-connected condition.

The Board has remanded the claim of service connection for residuals of an appendectomy due to insufficient evidence in the VA examination report. The Veteran's claim will be reconsidered with a new examination.

The Veteran passed away in September 2020, and a month-of-death payment was issued to the Veteran's widow. However, due to an incorrect address, the payment was not delivered. The Appellant is the adult daughter of the Veteran and his widow, and thus not entitled to the MOD benefit.

The Veteran's normocytic and microcytic anemia is currently rated as noncompensable, but the Board has granted a compensable rating of 10 percent based on symptoms such as fatigue.

The Board found that the Veteran did not reasonably discharge his responsibility for supporting his spouse, S.S., and awarded an apportionment of $215 per month to her. The Veteran's appeal to terminate this apportionment was denied.

The Board has determined that the overpayment of $16,263.21 due to incorrect retroactive payment calculation is valid and should be waived as it would not be against equity and good conscience.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Veteran's appeal for service connection and SMC benefits was denied. The Board found that the Veteran does not have a present acquired psychiatric disorder other than alcohol use disorder, which is considered willful misconduct and thus not eligible for direct service connection.

The Board has remanded the case due to missing documents related to the disallowance of DEA benefits. The appellant must provide any relevant AOJ decision and evidence considered in connection with the claim.

The appeal was dismissed as the AOJ administratively approved payment for non-VA medical care provided on November 18, 2020.