Other conditions decisions — 2018

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his left posterior scapular injury with chronic intermittent myofascial pain syndrome and for TDIU due to service-connected disabilities. The reasons include deficiencies in the January 2011 VA examination, lack of relevant treatment records, and need for further medical evaluation.

The Board has remanded three issues: service connection for torticollis, SMC based on the Veteran's need for aid and attendance, and recognition of J.M. as the helpless child of the Veteran. The appeal is inextricably intertwined with the issue of claimant eligibility for substitution.

The Veteran's claim for an increased rating for multiple lipomas was denied as he is already receiving the maximum assigned rating of 30 percent.

The Veteran's claims for increased disability ratings for his back and neck conditions were denied. The Board found that the Veteran did not meet the criteria for a higher rating based on functional loss or ankylosis, and thus, he was not entitled to a disability rating in excess of 20 percent.

The Veteran's adult daughter, who is over the age of 23 and not shown to be permanently incapable of self-support before reaching the age of 18, does not meet eligibility requirements as a child for VA death benefits. Therefore, her claim for DIC, death pension, and accrued benefits is denied.

The Board has reopened the claim for service connection for the cause of death due to new and material evidence. The Veteran's ALS was found to be his cause of death, thus granting service connection.

The Veteran's claim for service connection for colo-rectal cancer due to exposure to herbicide agents in Vietnam and exposure to contaminated water at Camp Lejeune, North Carolina is being remanded as the VA examinations provided were not conducted by a proctologist or colorectal surgeon.

The Board has decided that a VA eye examination is needed due to the change in visual acuity from enlistment to separation, and the Veteran's assertion of exposure to glare during service.

The Board dismissed the claim of service connection for granulomatous lung disease because it was granted in a previous rating decision.

The Veteran's urethral stricture is associated with voiding dysfunction requiring changing of absorbent pads more than four times daily, and he was granted a rating of 60 percent for this condition.

The Veteran's claim for TDIU prior to June 20, 2018 has been remanded due to the need for additional information and efforts. The issue is now amended as his combined service-connected rating became 100% effective from June 20, 2018.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's colon cancer is related to his active duty service, including herbicide exposure.

The Veteran's cerebellar ataxia, presumed to be caused by his exposure to Agent Orange during service, contributed substantially or materially to the cause of his death from aspiration pneumonia.

The Veteran's bilateral leg disability, claimed as weakness and instability, is denied because it is not caused or aggravated by his service-connected chronic myeloid leukemia. The Veteran also does not meet the criteria for financial assistance due to his service-connected disabilities.

The Board has found that additional information is required to ensure VA has fully satisfied its duties to assist with regards to the notice requirements, and thus remands the case for further action.

The Board has decided to remand the case due to insufficient medical records and a need for further examination. The Veteran's reactive airway disease claim is being reviewed again.

The Board previously found that the reduction in benefits due to removal of a spousal dependent between December 1, 1982 and March 1, 2003 was proper. This issue is now moot as it has been resolved by a previous final decision.

The Board has remanded the case for further development and examination to determine if the appellant was insane at the time of misconduct leading to her discharge under other than honorable conditions.

The Board has remanded the case due to failure to consider a grant of total disability rating based on individual unemployability (TDIU) and the need for an initial decision following its implementation.

The Board has decided to remand the appellant's claim for death pension benefits due to a need for additional information regarding unreimbursed medical expenses incurred by the appellant and her spouse. The appellant needs to provide an itemized list of each such expense, including dates paid, to ensure they can be used to reduce her income below the maximum annual pension rate (MAPR).