Other conditions decisions — 2018

The Veteran's surviving spouse did not file a claim for accrued benefits within one year of the Veteran's death, and therefore the appeal is denied.

The Board has decided to remand the case due to insufficient examination and the need for additional x-rays of the Veteran's left fibula.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's HS is etiologically related to, or was aggravated by, his active duty service. Therefore, service connection for the Veteran's skin disorder, claimed as HS, is granted.

The Board has restored the spousal dependency allowance for F.D.S. effective January 1, 2007 as there was no evidence that the procedural safeguards of VA regulations were met.

The Board denied the Veteran's claims for service connection for residuals of a left leg fracture and nerve damage in his left lower extremity, both claimed as secondary to his service-connected left ankle disability. The VA examiners found that these conditions are not related to the service-connected left ankle disability.

The Veteran's claim for an increased evaluation of her service-connected Crohn's Disease (claimed as ulcerative colitis) was denied by the Board. The evidence did not support a finding that she had severe colitis with numerous attacks per year and malnutrition, which are required for a higher rating under Diagnostic Code 7323.

The Board has dismissed the appeals of staged, increased rating claims for pterygium of the right eye. The service connection claim for insomnia was reopened and remanded.

The Veteran's spouse, M.S., was not entitled to an effective date prior to January 15, 2013 for additional dependency benefits due to the one-year waiting period after her marriage.

The Board has remanded the case due to a recent court decision, requiring another VA examination to determine if the Veteran has a right hand disability or functional limitations related to an in-service injury.

The Board has granted an effective date of April 19, 2016 for the grant of service connection for the Veteran's cause of death.

The Veteran's claim for an effective date earlier than October 1, 1978 for additional dependency allowance is denied as there was no entitlement prior to that date.

The Veteran's residuals of larynx injury are rated at 30 percent from June 23, 2008 and a separate 10 percent rating is granted for stenosis of the larynx starting from June 18, 2017.

The Veteran's appeal is remanded due to the need for additional medical records from SSA and VA. The TDIU claim will be reconsidered with these new records.

The Veteran's claim for service connection for injuries sustained in a May 17, 1973, automobile accident was denied because the injuries were not incurred in the line of duty and were due to willful misconduct. New evidence submitted since the August 1974 administrative decision does not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that the reduction of the rating for testicular cancer from 100 percent to non-compensable was proper. The issue of entitlement to a compensable rating for testicular cancer residuals since September 1, 2016 is remanded due to need for further development.

The Board granted an effective date of February 6, 2013 for a 30 percent evaluation for the Veteran's right tibia fracture disability. The decision found that this level of disability was factually ascertainable as of February 6, 2013.

The Veteran's claim for an effective date prior to January 21, 2016 for the addition of her dependent L.P. was denied as there is no clear evidence that she notified VA of her marriage prior to January 21, 2016.

The Veteran's urinary dysfunction due to service-connected priapism is rated at a maximum of 60 percent, the highest rating available under the applicable VA Rating Schedule.

The Veteran's appeal for educational assistance benefits and a monthly housing allowance was denied as the amount paid for books and supplies was correct, and he was not entitled to a housing allowance due to his incarceration.

The Veteran's son is entitled to only 50 percent of the maximum rate of educational assistance benefits under Chapter 33, as the Veteran served at least 6 months but less than 12 months of creditable active duty service (i.e., 180-364 days) after September 10, 2001. The Veteran's discharge was due to completion of required active service and not a service-connected disability.