Other conditions decisions — 2018

The Board has decided to reconsider the issue of service connection for the cause of the Veteran’s death due to receipt of additional relevant service personnel records. The case is remanded.

The Board denied the appeal because a timely substantive appeal was not filed within 60 days from the mailing of the statement of the case (SOC) and within one year from the mailing of the March 2014 rating decision.

The Board denied the Veteran's request for a waiver of overpayment and remanded the issue of entitlement to pension benefits effective July 1, 2014.

The Veteran's claim for an effective date earlier than May 9, 2011, for service connection of squamous cell carcinoma of the glottic larynx is denied. The appeal for a temporary total rating under 38 C.F.R. § 4.30 for convalescence from treatment for squamous cell carcinoma of the glottic larynx is also denied.

The Veteran withdrew his appeals for the evaluations of right and left tibia stress fractures, which were dismissed.

The Veteran's private hospitalization for a left hand cyst was not considered a 'medical emergency' under the prudent layperson standard, and VA treatment records from August 2014 were not obtained. The Board finds additional development is required.

The Board denied the Veteran's claim for service connection for right hip strain, finding that her current condition did not begin during or as a result of her military service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for AUS revision residuals and necessary subsequent surgeries, including recto-urethral fistula, parastomal hernia, ventral hernia, urostomy, and colostomy, has been granted.

The Veteran's TMJ disability is being remanded for further evaluation and to determine the current severity of his condition.

The Board has granted service connection for aorta dissection and blood clots, finding that these conditions developed as a result of injuries sustained in a motor vehicle accident during the Veteran's service.

The Veteran's disability rating for urticaria was reduced from 60 percent to 30 percent, but the appeal is granted and the original 60 percent rating is restored.

The Board has granted a 10 percent rating for the Veteran's service-connected traumatic arthritis of the left great toe, effective from December 18, 2012. The decision is based on painful motion due to arthritis.

The Board denied the Veteran's petition to reopen his claim for service connection of right eye disability, finding that new and material evidence was not received.

The Veteran's left eye iritis was rated at 40 percent effective December 10, 2008 and a separate rating of 10 percent for dry eye syndrome associated with ankylosing spondylitis is granted effective July 29, 2014.

The Veteran's claim for an earlier effective date for a 30% disability rating for paroxysmal supraventricular tachycardia (SVT) is denied. The Board found that the criteria for a 30% rating were not met prior to April 11, 2013.

The Board denied the Veteran's claim for service connection for a left foot hammertoe deformity as new and material evidence was not submitted, despite multiple attempts to reopen the claim.

The Board denied the Veteran's applications to reopen claims of service connection for allergies and sinus infections due to lack of new and material evidence.

The Board has granted effective dates for adding the Veteran's spouse and child as dependents to his VA disability compensation award. The spouse was added on March 1, 2006, and the child was recognized until October 19, 2011.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits at the time of his death. The criteria for nonservice-connected burial benefits are not met.

The Board has decided to remand the Veteran's claim for service connection for residuals of burns to the left hand, left arm, right hip, and right arm due to inadequate notice regarding VA’s duty to assist. The case is also remanded for a VA examination.