Other conditions decisions — 2018

The appeal is dismissed because the Veteran died during the pendency of the appeal, making the apportionment claim moot.

The Veteran's appeal for an earlier effective date prior to September 25, 2003, for a 100 percent evaluation of adjustment disorder with depressed mood has been dismissed due to the death of the Veteran during the pendency of his appeal.

The Veteran's request to recognize medical marijuana purchases as unreimbursed medical expenses for reducing his countable annual income was denied because Congress has classified marijuana as a Schedule I substance under the Controlled Substance Act.

The Veteran's cause of death, arteriosclerotic cardiovascular disease, was not service-connected. The Board denied the claim for service connection as there is no evidence linking the cause of death to her military service.

The Board denied the Veteran's claim for service connection for urticaria, finding no link between his current condition and his active duty service.

The Board has remanded the case for further review due to issues with the increased rating and earlier effective date for right shoulder disability. The Veteran's service-connected conditions include rotator cuff tendonitis and a history of glenohumeral joint dislocation, which have been rated under direct service connection.

The Veteran's service-connected disabilities prevent him from securing and following substantially gainful occupation, but the issue of his right hip labral tear is remanded due to conflicting evidence.

The Veteran's adenocarcinoma of the salivary gland involving the right submandibular gland is related to his in-service exposure to Agent Orange, and this condition caused his death. Therefore, service connection for cause of death due to this condition has been granted.

The Veteran's death was caused by metastatic adenocarcinoma, presumed to be related to his exposure to herbicide agents during service in Vietnam. Service connection for the cause of death is granted.,The appellant is not eligible for VA death pension benefits as her income exceeds the Maximum Annual Pension Rate (MAPR).

The VA denied the Appellant's request for remote, read-only access to automated VBA claims records for his unaccredited paralegals due to privacy and administrative concerns. The decision is based on the Secretary’s discretion not to grant such access.

The Veteran's death was not service-connected, and the appellant is over 23 years old. Therefore, he is ineligible for accrued benefits or burial benefits in excess of $1,022.

The Board has granted service connection for small bowel resection (claimed as inflammatory diverticulitis) and incisional hernia residuals, which are secondary to the Veteran's service-connected small bowel resection. The decision is based on medical evidence that links these conditions to his military service.

The Veteran's ALS disability was granted service connection and increased to 100% due to loss of use of both lower extremities. The VA denied the claim for ARH (Gratuitous Service-Disabled Veterans Insurance) under 38 U.S.C. § 1922(b), stating that there is no evidence showing the Veteran remained continuously mentally incompetent until his death.

The Board denied a request for an earlier effective date for nonservice-connected pension benefits, finding that no documents or communications of record prior to March 17, 2014 constituted a claim.

The Board has reopened the claim for benefits under 38 U.S.C. § 1805 for spina bifida due to new and material evidence, but remanded for further examination to determine if the appellant had a diagnosis of spina bifida other than spina bifida occulta.

The Board has determined that the Veteran's active duty service may include additional periods of Army Reserve service, and thus remands to clarify these periods and determine if they qualify for Chapter 33 (Post-9/11 GI Bill) education benefits.

The Veteran's claim for service connection for dental trauma is denied as there is no compensable disability shown, and the condition falls outside the realm of common knowledge.

The Board has determined that additional development is needed to properly assess the Veteran's hip disabilities, including conducting range of motion testing and addressing any flare-ups. The claims for initial compensable disability ratings are being remanded.

The Veteran's claims for initial compensable ratings for right and left femur stress fractures were denied as there was no evidence of malunion, which is required for a higher rating under the applicable VA rating criteria.

The Board has remanded the case due to issues related to neurological manifestations of the Veteran's service-connected left inguinal hernia, including whether a separate rating or an extraschedular rating is warranted.