Other conditions decisions — 2017

The Board denied a request for an earlier effective date for the grant of aid and attendance allowance, finding that the earliest possible effective date is December 30, 2010.

The Board found that the overpayment of VA pension benefits in the amount of $44,170.00 was validly created due to the Veteran's failure to report spousal income.

The Board has remanded the case for issuance of a Statement of the Case (SOC) regarding the claim for entitlement to payment or reimbursement of private medical expenses incurred on April 22, 2015. The Veteran and his representative must file a substantive appeal if they wish to continue their appeal.

The Veteran's request for an extension of his delimiting date was denied because he did not apply within the required timeframe after his disability no longer prevented him from pursuing education.

The Board has denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Summa Health System on November 12, 2010.

The Board has determined that the Veteran's HIV was incurred during service and is related to his military service, thus granting service connection for HIV.

The Board has determined that the Veteran's current spine disorder is related to his military service and grants service connection for this condition.

The Board denied the appellant's claim for VA death benefits as she does not meet the criteria to be considered a veteran due to lack of service in the United States Armed Forces.

The Board has remanded the case for a new examination and opinion to determine whether the Veteran's current cervical spine disability is due to or aggravated by his service-connected left knee disability.

The Board found that the Veteran's right testicle epididymal cyst is not related to his active service, including exposure to herbicide agents. The VA examiner concluded it was less likely than not caused by or aggravated by his service-connected skin disability.

The Veteran's appeal for increased compensation for a dependent spouse is granted, as the evidence supports that he was validly married to his wife R.V. starting March [REDACTED], 2010.

The Veteran's surviving child is not eligible for Improved Death Pension benefits due to exceeding the maximum annual pension rate and failing to meet the definition of a 'surviving child'.

The Board has determined that additional development is needed to clarify the Veteran's hip disabilities and their relationship to his service-connected knee conditions.

The Board denied the Veteran's petition to reopen his claim for service connection for dementia, finding that no new and material evidence had been submitted since the October 2010 decision.

The Veteran's lower thoracic spine disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted as his range of motion does not meet the criteria for a higher rating.

The Veteran's severe service-connected disabilities, including right foot drop and reduced muscle strength, render him unable to safely operate a standard automobile without adaptive equipment. The Board finds that he meets the criteria for an automobile allowance or adaptive equipment.

The Veteran's appeal has been withdrawn, and his case is dismissed.

The Veteran's chronic venous insufficiency is rated at 60 percent under Diagnostic Code 6817, which requires chronic pulmonary thromboembolism requiring anticoagulant therapy. The Veteran's DVT of the right and left lower extremities are not entitled to a rating in excess of 10 percent.

The Board has determined that additional development is necessary in order to decide the Veteran's claims for service connection for atrial fibrillation and stroke, including as secondary to a heart condition. The case is REMANDED for further action.

The Veteran's right leg fracture residuals are rated at 20 percent, and he is granted service connection for arthritis as secondary to his right tibia fracture. The Board finds the evidence supports these determinations.