Other conditions decisions — 2018

The Veteran's appeal for recognition of S. as his dependent child was denied, while the appeal for T., who is a helpless child due to mental incapacity prior to age 18, was granted.

The Veteran's claim for service connection for a right hand cold weather injury has been reopened and granted. The claims for left hand pinched nerve, right hand pinched nerve, and bilateral plantar fasciitis remain denied. The issue of service connection for the right knee disability is remanded.

The Veteran's right eye blindness is deemed to be a result of the VA medical care provided, and not due to negligence or lack of skill. The Board found that the event was not reasonably foreseeable by a reasonable health care provider.

The Board has referred the issues of service connection for hallux valgus and calcaneal spurs, to include as secondary to his service-connected bilateral pes planus, and TDIU prior to February 23, 2015, back to the AOJ for further development. The initial evaluation in excess of 10 percent from November 26, 2003, to January 2, 2012, in excess of 30 percent from January 3, 2012, to July 17, 2014, in excess of 50 percent from July 18, 2014, to October 8, 2017, and in excess of 30 percent from October 9, 2017, for bilateral pes planus remains on appeal.

The Veteran's Dependents' Educational Assistance (DEA) benefits are granted with an effective date of June 14, 2006.

The Veteran's claim for service connection for residuals of a dental injury has been reopened and is granted.,An increased rating in excess of 10 percent for Persistent Depressive Disorder is granted.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's latex allergy, including whether it is a congenital defect or an acquired disease. The Veteran must be provided with a VA examination to assess his condition.

The Board has remanded the case due to insufficient verification of the Veteran's service in Vietnam and a need for an opinion regarding the etiology of his small intestine carcinoid tumor.

The Board denied the claim for nonservice-connected burial benefits because the application was filed more than two years after the Veteran's death, which is beyond the statutory time limit.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for nonservice-connected burial benefits as her claim was filed within two years of his cremation.

The Board denied the Appellant's claim for an earlier effective date for aid and attendance benefits, finding that she did not submit a formal claim with VA prior to May 30, 2017.

The Board denied the Veteran's request for an effective date prior to July 1, 2014 for adding his spouse M. as a dependent to his VA disability compensation award.

The Veteran's medical expenses for a possible TMJ evaluation at OMSA on October 1, 2013 were not authorized by VA and thus denied.

The Board has granted increased ratings for degenerative joint disease and instability of the bilateral knees, effective July 30, 2010. The Veteran's symptoms were found to be consistent throughout this period.

The Veteran's active duty service did not meet the minimum requirements for VA home loan guaranty benefits due to lack of continuous 24-month service or exceptions.

The Veteran's back brace, which is covered in fabric and does not cause irreparable damage to clothing, was denied a clothing allowance for 2014 due to the lack of loss of use of a hand or foot.

The Veteran is granted service connection for a dental condition that requires VA outpatient treatment, as his teeth #7, #8, #9, #10, #14, #18, and #19 were noted in service records to have been treated or are currently requiring treatment.

The Board denied service connection for a GI disorder as the Veteran does not have a current disability of such disorder at any time pertinent to his claim.

The Board denied service connection for right hip disorder, left hip disorder, and lower back strain due to lack of current disabilities and insufficient evidence linking these conditions to the Veteran's service-connected knee disabilities.

The Board has remanded the claims for bilateral leg condition, shortness of breath, liver condition, rash around scrotum, and itching between toes due to herbicide exposure. The VA examiner is requested to provide an opinion regarding the relationship of these conditions to active military service.