Other conditions Board decisions

The Board has decided to remand the case due to an inadequate VA opinion regarding the cause of the Veteran's Chronic Lymphocytic Leukemia (CLL). The matter is being sent back for further examination and a reasoned medical explanation.

The Board denied the Veteran's claims for service connection for leukemia and for the cause of his death due to leukemia, finding that there was no evidence linking these conditions to herbicide agent exposure or any other presumptive basis. The Board also found that the Veteran did not have a diagnosis of Chronic B-cell leukemia.

The Veteran's daughter received a burial allowance based on service-connected death, but the appellant (the friend of the Veteran) is denied reimbursement for funeral expenses as she did not provide sufficient evidence to substantiate her claim.

The Board has granted an initial evaluation of 20 percent for the Veteran's right Achilles tendon rupture, finding that his symptoms meet the criteria for this rating based on marked limitation of motion.

The Veteran's claim for an increased rating for avascular necrosis of the left first metatarsal is remanded due to the need for a new VA examination and proper notice.

The Board has granted service connection for a sleep disorder, finding that it is caused by the Veteran's service-connected right shoulder disability.

The Veteran's Raynaud's syndrome is being remanded for a new examination to determine the current severity of his disability.

The Veteran's claims for increased ratings for chondromalacia patella, left knee and radial head and condyle fracture, status post open reduction internal fixation, now with arthritis have been denied as the evidence does not support a rating greater than 10 percent.

The Veteran's death was not caused by a service-connected disability, and the Board found that his MDS was not related to his military service or exposure to herbicides in Vietnam.

The Veteran's service-connected squamous cell carcinoma of the larynx residuals have been rated under DC 6516, which is analogous to chronic laryngitis. The October 2020 rating decision found that there was a duty to obtain another VA examination to ascertain the current nature and severity of his condition due to a change in symptoms or allegation of worsening.

The Veteran's cause of death, metastatic esophageal cancer, is related to his service exposure to herbicide agents in Vietnam. The Board finds that the evidence supports a finding of service connection for the cause of death.

The Board denied the Veteran's claim for an earlier effective date for dependency payments, finding that VA was first informed of his marriage to spouse C.W.S. on August 11, 2019.

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

The Board denied the Veteran's request for an effective date prior to May 7, 2021 for the grant of service connection for loss of use of the bilateral lower extremities. The award was granted based on a VA examination conducted in July 2020 and signed in August 2020, which showed that the Veteran had lost the ability to bear weight on his legs and was wheelchair bound due to service-connected Parkinson's disease.

The Veteran's claims for payment or reimbursement of emergency transportation and medical services provided are denied as the balances owed by the Veteran are copayments, not covered under health-plan contracts.

The Board denied the Veteran's request for an effective date prior to July 21, 2020 for the award of SMC based on the need for aid and attendance. The evidence did not show that the Veteran required aid and attendance from May 7, 2020 to July 21, 2020.

The Veteran's squamous cell carcinoma of the left lung is found to be related to his in-service exposure to asbestos, and service connection for this condition is granted.

The Veteran's claim for service connection for a deviated nasal septum, status postnasal surgery is being remanded due to the submission of new and relevant evidence. The Board will now consider whether this condition was acquired during active duty service or if it had its onset in service.

The Veteran's service-connected atherosclerosis of bilateral lower extremities with intermittent claudication was rated by analogy under Diagnostic Code 7114, arteriosclerosis obliterans. The VA examination report is deemed inadequate and the Veteran needs to be afforded a new VA examination.

The Board dismissed the appeal because the AOJ had already determined that the request for medical expense reimbursement was timely.