Other conditions decisions — 2018

The Board has remanded the claims for additional development, including obtaining updated VA treatment records and scheduling a VA aid and attendance/housebound examination to determine the Veteran's need for regular aid and assistance due to his service-connected disabilities.

The Veteran's claim for a compensable rating for residuals of fracture of head of right third metatarsal prior to March 20, 2018, and in excess of 10 percent from March 20, 2018, is being remanded due to the need to obtain missing VA treatment records and fill out authorized release forms for private medical records.

The Board denied the claim for accrued benefits in excess of $8,721.00 as there were no other benefits due and unpaid to the deceased beneficiary.

The Board denied the claim for recognition as a dependent child for dependency and indemnity compensation (DIC) benefits because the appellant is not considered a 'child' of the Veteran for VA death benefits purposes.

The Board has determined that additional medical opinions are needed to determine if the Veteran's lower esophageal cancer was caused or aggravated by his asbestos exposure in service, and whether this condition contributed to his death.

The Board denied the Veteran's petitions to reopen his claims for service connection for a skin condition and sleep condition, finding that new and material evidence was not received sufficient to reopen the claim for a skin condition. The Board also found no service connection for a sleep condition.

The Board has decided to remand the claims for a sinus condition and eustachian tube disorder due to insufficient rationale in the VA examiner's opinion, need for additional evidence, and need for an SSOC.

The Board cannot make a fully-informed decision on the issue of service connection for sexual dysfunction because no VA examiner has opined whether the Veteran’s sexual dysfunction is related to service, including as due to in-service herbicide agent exposure or as secondary to service-connected PTSD. The case is remanded to obtain authorization and request private treatment records.

The Veteran's onychomycosis of the bilateral feet is rated at 10 percent, but does not meet the criteria for a higher rating as it affects less than five percent of his total body area and he is not taking systemic corticosteroids or immunosuppressive drugs.

The Veteran's right hand disability, manifested by arthritis and painful motion, is rated at 10 percent since April 24, 2012. The Board found that a higher rating was not warranted.

The Board has decided to remand the case due to missing records and the need for a VA examination. The Veteran claims he suffered additional disability as a result of gallbladder surgeries conducted at a VA hospital, but there are conflicting medical records regarding which procedure caused his current condition.

The Veteran's son, A.E., was not found to be permanently incapable of self-support by reason of mental or physical defect before reaching the age of 18. The claim for recognition as a helpless child is denied.

The Board has determined that the Veteran's right ankle disability, diagnosed as tarsal tunnel syndrome, Achilles tendonitis, and degenerative joint disease (DJD), is related to injuries sustained during active duty service in Southwest Asia. As such, the claim for service connection is granted.

The Board has remanded the case due to conflicting medical evidence and a need for further examination. The Veteran's claim is reopened as new and material, but a VA examination is required to determine the nature and etiology of any relevant disabilities.

The Board denied the veteran's claim of recognition as a helpless child due to permanent incapacity for self-support prior to age 18, finding that the evidence did not show he was permanently incapable of self-support by his 18th birthday.

The Board has determined that the overpayment of Chapter 33 (Post-9/11 GI Bill) education assistance was legally created and is a valid debt. However, the issue of entitlement to waiver of recovery of this overpayment remains pending.

The Veteran's claim for service connection for a dental disability is denied as the condition does not meet the criteria for compensation purposes.

The Veteran's death certificate shows he was divorced at the time of his death, and there is no evidence that the appellant was married to him. Therefore, she cannot be recognized as his surviving spouse for purposes of Dependency and Indemnity Compensation (DIC).

The Veteran's appeal for service connection for a cerebral vascular accident was dismissed due to his death.

An effective date of April 30, 2013 for a 100 percent evaluation for service-connected dysthymia is granted. The Veteran's claim was factually ascertainable as of that date.