Other conditions decisions — 2015

The Veteran's death was caused by dementia, which the Board found to be related to his service as a fighter pilot. As this finding grants DIC based on service connection for the cause of death, the appeal under 38 U.S.C.A. § 1318 is dismissed.

The Veteran's claim of service connection for a skin condition on his legs was denied as there is no current evidence of such a condition.

The Veteran does not have a current diagnosis of restless leg syndrome related to service or a service-connected disability.,Prior to April 25, 2013, the Veteran's PTSD has been manifested by mild memory loss, a depressed mood, anxiety, and suspiciousness; a flattened affect; circumstantial, circumlocutory or stereotyped speech; difficulty in understanding complex commands; impairment of short and long-term memory; impaired judgment; impaired abstract thinking; and difficulty in establishing and maintaining effective work and social relationships. These symptoms do not meet the criteria for a 30 percent rating under Diagnostic Code 9411.

The Veteran's peptic ulcer disease and gallbladder removal are currently rated at 10 percent, but the Board finds that they warrant a higher rating of 20 percent.

The Board denied the appellant's claim for an extension of her Dependents' Educational Assistance (DEA) benefits beyond August 29, 2013 due to lack of legal basis and failure to meet requirements for an extended period of eligibility.

The Veteran's appeal is being remanded to the AOJ for scheduling a Board hearing via videoconference and proper notification of the hearing time, date, and location.

The Board has denied the Veteran's request for an initial rating higher than 20 percent for Sjogren's syndrome with blurred vision and axillary and inguinal lymphadenopathy.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding the relationship between his current disabilities and his service-connected conditions.

The Board has determined that the Veteran does not have a compensable dental disability for which VA compensation may be paid, as he currently does not have loss of substance of the body of the maxilla or mandible. The claim is therefore denied.

The Board has determined that the Veteran's left and right shin splints disabilities do not warrant a rating in excess of 10 percent, as his symptoms have been characterized as slight knee or ankle disability.

The Board has remanded the case for additional development and consideration of new evidence, including updated financial information from 2011 to the Veteran's death in 2012. The issue is whether the Veteran's net worth was a bar to nonservice-connected pension benefits to include special monthly pension (SMP).

The Board has determined that the appellant is eligible to be substituted as the claimant for his mother's death benefits application. The case is now remanded for further adjudication of the substitution request and, if granted, the merits of the death benefits claim.

The Veteran had Medicare coverage at the time he received unauthorized private medical treatment in April 2015, which is not covered by VA. Therefore, his claim for payment or reimbursement of these expenses is denied.

The Board has determined that the Veteran's left thumb disorder warrants a separate extraschedular rating of 10 percent, and no higher.

The Veteran died of bilateral pneumonia, a service-connected condition. The appellant is granted burial benefits as the death was due to a service-connected disability.

The Veteran's appeal is remanded to schedule a VA examination and reassess the current severity of her service-connected lymphedema.

The Veteran's right hip subluxation has been rated as 10 percent disabling based on limitation of motion. The Board has decided to grant a disability rating in excess of 10 percent and remand the issue of entitlement to a disability rating in excess of 30 percent.

The Board has granted service connection for a chronic sinus disability, to include sinusitis and allergic rhinitis. The Veteran's claim for service connection for left arm numbness is remanded due to the need for additional medical examination.

The Board has determined that a new examination and additional development are necessary to properly adjudicate the Veteran's claim for service connection for thrombophlebitis of both lower extremities.

The Veteran's death was not caused by VA medical care, and therefore the criteria for DIC compensation under 38 U.S.C.A. § 1151 have not been met.