Other conditions decisions — 2018

The Board has remanded the claims for left hip disability, hypertension, PTSD, degenerative changes of the lumbosacral spine with right sacroiliac joint dysfunction, and bilateral knee disability due to incomplete compliance with prior remand instructions.

The Board denied an increased apportionment of the Veteran's VA compensation benefits to the appellant due to her not being a proper claimant for the benefit sought, as she was divorced from the Veteran prior to filing the initial apportionment claim.

The appeal for a higher rating for the fractured lower jaw has been dismissed due to the appellant's death.

The Veteran's claim for a dental disability for compensation purposes is denied because the preponderance of evidence does not support the presence of any additional dental disability that may be service-connected.

The Board denied service connection for a congenital left eye defect (left eye coloboma) and an acquired psychiatric disorder, finding that the evidence did not support the claims.,The Veteran's current conditions are attributed to his congenital defects rather than any in-service injury or disease.

The Veteran's appeal for VR&E services or independent living benefits was denied due to the severity of his disabilities and his refusal to participate in a comprehensive independent living assessment. The Board has ordered a remand to schedule such an assessment.

The Veteran's claim for Post-9/11 GI Bill benefits was denied due to his character of discharge. The Board has ordered a remand to attempt to obtain reenlistment records that may support the Veteran's contention that he completed his first term under honorable conditions.

The Veteran's death was not service-connected, as he did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Veteran's migratory polyarthralgias was granted an initial rating of 40 percent from November 27, 2013 to April 21, 2016. The appeal for a higher rating is denied as the condition has reached its maximum schedular rating.

The Veteran seeks an earlier effective date for the reinstatement of his nonservice-connected pension benefits, which was initially granted in April 2013. The Board finds that a remand is necessary to consider entitlement from July 26, 2005.

The Board has decided to remand the case due to new evidence submitted by the Veteran, including medical records and articles about polycythemia vera. The VA examiner will need to provide an updated opinion on whether the Veteran's polycythemia vera is related to service exposure at Camp Lejeune.

The Veteran's appeal to reopen a previously denied claim for service connection for bone spurs of the bilateral feet has been dismissed due to his death.

The Veteran's claim for educational assistance benefits for on-the-job training prior to April 8, 2013 is denied as the commencing date of the award cannot be earlier than April 8, 2013.

The Veteran's claim for service connection for a bilateral foot disorder was denied because there is no current medical evidence of the condition.

The Board has determined that additional evidence was obtained after the most recent Statement of the Case and a Supplemental SOC must be issued to address the claim for a higher rating for right knee DJD with patellar subluxation.

The Board denied service connection for a fungal condition of the groin area as there is no current diagnosis.

The claim for nonservice-connected burial benefits was denied due to an untimely application filed nearly 14 years after the Veteran's death.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's skin cancer is related to his service in Vietnam, including exposure to Agent Orange.

The case is being returned to the RO for clarification on whether a request for waiver of overpayment was timely received, and if denied, whether it was due to untimely filing or merits. The Veteran will be given an opportunity to respond.

The Board has remanded the Veteran's claims for an increased rating for his right fibula disability and for TDIU due to service-connected disabilities. The remand includes obtaining VA treatment records, translations of documents, and a new orthopedic examination.