Other conditions decisions — 2017

The Board has determined that the original compensation claim filed by the appellant on behalf of her deceased husband was valid, and thus the accrued benefits claim is granted.

The Board has granted service connection for the Veteran's peripheral vascular disease of the bilateral lower extremities. The issue regarding a higher initial rating for residuals of laryngeal cancer is remanded due to insufficient evidence.

The Board has determined that the Veteran's lumbar spine and bilateral hip disabilities did not have their onset in service or are otherwise related to service. The claim for service connection is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a comprehensive spinal and neurological examination, and another VA examination of the bilateral feet.

The Board has denied the appellant's claims for an earlier effective date for service connection for coronary artery disease (CAD) and a higher disability rating for CAD. The appeal regarding lung cancer is pending as it was not addressed in the October 2011 decision.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to dental treatment at the Birmingham VA Medical Center is being remanded as additional records are needed.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine if his current foot disabilities are related to his military service.

The Board has denied the appellant's claim for an effective date earlier than November 28, 2011, for the grant of DIC benefits based on service connection for the cause of the Veteran's death.

The Board has restored the Veteran's 100% disability rating for his service-connected non-Hodgkin's lymphoma, effective January 1, 2014. The reduction was improper due to inconsistencies in the May 2013 VA examination report and failure to schedule a new examination as required.

The Veteran's appeal is being remanded for additional development to address the issue of service connection for a bilateral leg condition, including as secondary to his service-connected thoracic vertebral fracture.

The Board has remanded the case due to a failure to schedule a videoconference hearing. The Veteran's claim for service connection for liver disease and cancer remains pending.

The Board granted service connection for schizoaffective disorder with an effective date of December 16, 2002. The Veteran also received basic eligibility to Dependents' Educational Assistance (DEA) with the same effective date.

The case is REMANDED for the following actions: obtain updated information concerning whether the Veteran is meeting his child support obligations to the appellant and the two children, KL and LM; ask the appellant to provide an updated and more detailed accounting of her monthly expenses and income; ask the Veteran to provide a detailed accounting of his monthly expenses and income. Then readjudicate the claim.

The Board denied the Veteran's claims for service connection for a liver disability, to include hepatitis, and right leg amputation. The Veteran did not have any active duty after February 4, 1981, and there is no evidence of exposure to chemicals or other presumptive conditions.

The Veteran's claim for service connection for shrapnel injuries to his right hand, fingers (other than the third/long finger of the right hand), both legs, and right hip was denied as there is no current evidence of such injuries or residuals. The scars on various body parts were also not found to be related to service.

The Board has remanded the case due to the need for additional development, including obtaining records of a private investigation conducted by F.L. on behalf of the Appellant.

The Veteran's pilonidal sinus was rated at 10% prior to January 29, 2016 and increased to 30% thereafter. The claim for extraschedular consideration for symptoms of drainage with foul odor associated with the service-connected pilonidal sinus is granted.

The Board has remanded the Veteran's claim for further evidentiary development, including obtaining his vocational rehabilitation folder and any records from Unum Life Insurance Company of America.

The Veteran's death was service-connected, but the appellant became an eligible claimant for Chapter 35 benefits after she turned 26 years old. Therefore, she is not entitled to retroactive educational assistance.

The Board finds that the appellant is recognized as the surviving spouse of the Veteran for the purpose of VA benefits.