Other conditions decisions — 2011

The appeal has been dismissed due to the death of the appellant.

The Veteran's claim for an increased rating for malunion of the mandible is being remanded due to incomplete VA dental and oral examination records.

The Board has remanded the case for additional development, including obtaining VA treatment records and clarifying the nature of the appellant's service from January 1977 to December 1977.

The Board has determined that additional VCAA notice is required in order to properly adjudicate the appellant's claims for non-service-connected burial benefits, non-service-connected disability pension benefits for accrued purposes, and special monthly pension based on need for aid and attendance for accrued purposes. The case is therefore being remanded for this purpose.

The Board has determined that additional development is needed, including obtaining VA outpatient clinical records and scheduling the Veteran for a medical examination. The appeal will be remanded to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Veteran's surviving spouse was denied retroactive effective date of December 1, 1978 for a grant of additional compensation due to the failure to notify VA of his marriage and subsequent death.

The Board found that the Veteran's bilateral hip disabilities, post-periacetabular osteotomy conditions, do not warrant a rating in excess of 10 percent as they are characterized by painful movement and radiological evidence of osteoarthritis without significant impairment to joint function.

The Veteran's recurrent perianal abscesses are rated at a 10 percent disability rating, effective April 1979.

The Veteran seeks an earlier effective date for the award of service connection for intervertebral disc syndrome, which was initially granted in November 2006 with an effective date of August 12, 2005. The Veteran believes that his original claim should have been granted from the day following discharge from military service due to inadequate VA examinations and lack of review of his claims file.

The Board denied the claim for DEA benefits retroactive or commencing from August 2001 and ending in December 2004, finding that there is no apparent basis to pay such benefits due to a lack of legal merit.

The Board found that the appellant's husband did not have qualifying active service for VA death benefits and denied her claim.

The Veteran's failure to notify VA of her receipt of military pay led to the creation of an overpayment. The Board found that repayment would not be against equity and good conscience, as the Veteran's income exceeded her expenses by more than $1500 per month.

The Board has determined that the Veteran's low back disability is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's claim for a waiver of overpayment of VA nonservice-connected pension benefits was denied as there was no fault on the part of the VA, but the Veteran had significant fault in not reporting his incarceration and being a fugitive felon. The Board found that recovery would not cause financial hardship.

The Board has remanded the case due to inadequate development of records from VA medical centers, and further efforts are required to obtain relevant treatment records.

The Veteran's prostate disability was rated at 60 percent from January 15, 1997 to April 24, 2008. From April 25, 2008 onwards, the rating increased to 100 percent due to recurrence and radiation therapy.

The Board has determined that the Veteran's persistent post-concussive syndrome and residuals of a throat injury are not service-connected as they were not incurred or aggravated during his military service.

The Veteran's low back disability is not service-connected as it was not incurred or aggravated during his military service and there is no evidence of arthritis within one year post-service.

The Veteran's death was caused by ischemic bowel disease, which the Board found to be related to his service-connected ischemic heart disease. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed due to the grant of service connection for PTSD. The evaluation of PTSD for accrued benefits remains pending and will need to be remanded.

The Board has determined that the Veteran's currently diagnosed urinary bladder disorder is related to his period of active service and/or a service-connected disability, specifically prostatitis. As such, the claim for service connection for this condition is granted.