Other conditions decisions — 2018

The Board has decided to remand the cases for further development due to insufficient evidence of a current disability related to service-connected right and left leg disorders. The Veteran will be scheduled for a new VA examination.

The claim for compensation benefits under the provisions of 38 U.S.C. § 1151 for additional neurogenic bladder condition is being remanded due to missing informed consent documentation.

The Veteran's service-connected leukemia required regular aid and assistance from August 1, 2010 through August 31, 2011. The Board found that the Veteran needed constant care due to his stem cell transplant during this period.

The Board has determined that additional medical opinions are needed to address the relationship between the Veteran's service-connected cystitis and her nonservice-connected cystocele, as well as whether any aggravation of the cystocele is due to or related to the cystitis.

The Board has decided to remand the Veteran's claim for service connection of residuals of head trauma due to incomplete records and inadequate examination. The AOJ is instructed to obtain all relevant medical records, including those from the U.S. Naval Hospital in Millington, Tennessee, and arrange for a new VA TBI examination.

The Veteran's claim for an initial compensable rating prior to April 9, 2013, and in excess of 10 percent on and after April 9, 2013, for service-connected mycosis fungoides is being remanded due to the need for additional medical records and a retrospective examination.

The Board has determined that the appellant is not eligible for dependency and indemnity compensation as the unremarried widow of the Veteran due to the legal impediment to their marriage.

The Veteran's claim for an increased rating for her service-connected irregular uterine bleeding is being remanded due to the need for additional VA examination and consideration of new evidence.

The Veteran's cause of death was metastatic prostate carcinoma. The appeal for service connection for the cause of his death is being remanded due to its inextricability with the pending issue of service connection for prostate cancer.

The Veteran's death pension claim was denied because the appellant could not be recognized as his surviving spouse due to insufficient evidence of her relationship to him.

The Veteran withdrew her appeal regarding the waiver of recovery of an overpayment of VA benefits in the amount of $10,564.95.

The Veteran's service connection claim for non-Hodgkin's lymphoma is granted because the condition was diagnosed after his service in Vietnam waters, meeting the criteria set by VA regulations.

The Board denied the Veteran's claim for an earlier effective date for dependency benefits based on his children, G.E. and S.E., finding that VA received their birth information in September 2014, which is when the dependency determination arose.

The Veteran's small B-cell Hodgkin's lymphoma is currently rated as zero percent disabling. The Board has remanded the case for a VA examination to determine if any current nervous condition is caused by his service-connected small B-cell Hodgkin's lymphoma.

The Veteran's surviving spouse, the Appellant, initially sought aid and attendance benefits in June 2009. The claim was denied in November 2009 due to lack of response within one year. She filed again in January 2011, which was granted with an effective date of January 12, 2011. The Board found no basis for awarding an earlier effective date and denied the appeal.

The Board has granted service connection for left eye toxoplasmosis, finding that the condition is related to an in-service injury or disease.

The Board has remanded the issues of entitlement to aid and attendance or housebound benefits, as well as the propriety of termination of nonservice-connected death pension benefits. The Appellant needs a new examination for her need for regular aid and attendance or housebound status, and documentation of caregiver expenses must be provided.

The Board has decided that new and material evidence has not been submitted to reopen the claim for service connection for brain tumor. The Veteran's testimony at a hearing and his written statement indicate he believes he should never have been inducted into the Army, which suggests a possible reopening of the claim based on new evidence.

The Veteran's service-connected PLMD disabilities are currently rated as noncompensable. The Board finds that additional development is needed to determine the current severity of his disabilities and assign appropriate ratings.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that he was at fault in creating the debt and that repayment would not result in undue hardship or unfair gain. The decision also noted that reliance on VA compensation benefits did not result in relinquishing a valuable right.