Other conditions decisions — 2018

The Board has remanded the case due to a procedural error in how it was initially handled, and now needs to consider the claim on its merits without using the wrong standard.

The Board has decided to remand the case due to insufficient examination and lack of discussion regarding a painful lump in the Veteran's left groin during service, which could have been related to Castleman's disease.

The Board has restored a 50% rating for the Veteran's service-connected neurological disorder of the right forearm, effective June 1, 2016. The Veteran's appeal was granted in part and denied in part.

The Board found that the Veteran's discharge was dishonorable due to willful and persistent misconduct, and he is therefore barred from VA death benefits.

The Veteran's service connection claims for burning sensation to bilateral fingertips and left side chest pain with radiating pain down left arm are being remanded due to the lack of examinations. The Veteran missed scheduled appointments, but had good cause.

The Veteran's claim for a higher rating for her hysterectomy is granted, and she is now rated at 50 percent under the appropriate VA schedule.

The Veteran's appeals for service connection for chills, fevers, fatigue, nausea, and vomiting have been dismissed. The Board has also remanded the issues of service connection for bilateral hearing loss, tinnitus, and PTSD.

The Veteran's death was not caused by a service-connected disability, and the service-connected conditions did not contribute to his cause of death. The Board denied entitlement to service connection for the cause of the Veteran’s death.

Service connection for squamous cell carcinoma of the lung is granted. A disability rating of 70 percent, but no more, for a specified trauma and stressor related disorder is granted on and after July 17, 2014.

The Board is unable to make a determination on the Veteran's claim for additional compensation benefits for dependent parents due to insufficient information regarding their financial expenses and contributions. The case is being remanded to obtain this information.

The Veteran's spouse did not have any pending claims for VA benefits at the time of her death, and therefore there are no accrued benefits to be paid. The claim is dismissed.

The Board has remanded the cases for further development and examination to determine the current severity of the Veteran's right thigh muscle disability, nerve disorder, and TDIU claim.

The Board has granted the Veteran's claim for secondary service connection for a cardiac disability, finding that it is caused by his service-connected pulmonary fibrosis.

The Veteran's claim for reimbursement or payment of non-VA medical expenses incurred at LRMC from January 19 to January 27, 2015 was denied because the claim was filed outside the 90-day time limit after the date of service.

The Veteran withdrew his appeal for special monthly compensation at a higher level of aid and attendance, so the case is dismissed.

The Board has ordered a remand for the Veteran's claims of service connection for residuals of a right femur fracture and gastrointestinal disorder due to deficiencies in previous examinations and lack of consideration of lay statements.

The Board denied the veteran's request to extend her DEA delimiting date beyond May 28, 2012 due to lack of legal authority and because she did not meet the eligibility criteria for an extension.

The Veteran requested to withdraw his appeal regarding the issue of an earlier effective date for nonservice-connected pension benefits. As a result, the Board has dismissed this case.

The Board denied reopening the claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, including a July 2011 letter from a private physician suggesting exposure to chemicals and herbicides may have contributed to his death. The Board found the letter inherently false and not material.

The Board denied the claim for an effective date prior to March 4, 2013 for the reinstatement of VA Dependency and Indemnity Compensation benefits (DIC benefits) as there was no CUE in the July 2014 administrative decision. The appellant's remarriage occurred before January 1, 2004, which is when Public Law 108-183 took effect, and she did not submit an application for DIC benefits within one year of December 16, 2003.