Other conditions decisions — 2018

The Veteran's right knee injury with degenerative joint disease is rated at 10 percent prior to May 7, 2014; denied for ratings in excess of 10 percent from May 7, 2014, to August 23, 2017; and granted a rating of 20 percent thereafter.

The Appellant is not considered a 'child' for VA purposes due to her age and marital status, thus she cannot receive DIC or death pension benefits.

The Veteran's appeal seeking an effective date prior to July 24, 1992 for the grant of service connection for a psychotic disorder is denied. The earliest possible effective date is July 24, 1992, when VA received his claim to reopen the claim for service connection for a mental health disability.

The Board has determined that the Veteran's preexisting polio condition did not undergo an increase in severity during service, and therefore, service connection for the effects of polio is denied.

The Board has determined that the Veteran is entitled to an additional 5 months and 9 days of Chapter 33 benefits, bringing her total entitlement to 42 months and 21 days. As such, she qualifies for additional education benefits.

The Veteran's appeal was dismissed due to his death, and the case is now moot.

The Veteran's accrued benefits are denied as the appellant is not a child of the Veteran and did not incur any expenses related to the Veteran's last sickness, funeral, or burial.

The claim for reinstatement of non-service connected pension benefits that were discontinued following the disappearance of the Veteran is dismissed due to his death. The appeal has become moot.

The Veteran's claim for Post-9/11 GI Bill education benefits at the 100 percent rate is remanded due to insufficient military personnel records.

The Board has determined that the record is not ready for appellate review and a new VA examination must be provided to assess the Veteran's left hip condition.

The Veteran's lumbago has been rated at 10 percent since July 2009. The Board has now granted a higher rating of 20 percent, effective from the date of the decision.

The Veteran's claim for service connection for deviated nasal septum was denied due to the presumption that he had a pre-existing condition. The Board found no clear and unmistakable evidence of aggravation during service, leading to denial.

The Board denied the claims for burial benefits and an earlier effective date for service connection for cause of death due to a lack of timely substantive appeal.

The Board has determined that the Veteran's elbow and pelvis fractures were not proximately due to or the result of his service-connected healed third metatarsal fracture, right foot. Therefore, service connection for these conditions is denied.

The Veteran's adjustment disorder has been rated at 30 percent since the appeal period began. The Board found that his symptoms have not resulted in more than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks, warranting a 30 percent rating.

The Veteran's income exceeded the Maximum Annual Pension Rate (MAPR) for all periods considered, thus he is not entitled to non-service-connected pension benefits.

The Board has remanded the case due to the need for additional development, including obtaining medical records and a VA medical opinion regarding the Veteran's cause of death and his T-cell prolymphocytic leukemia.

The Veteran did not serve during a period of war, which means he does not qualify for VA death pension benefits.

The Board has decided that new and material evidence has not been received to reopen the claim for service connection of acute myeloid leukemia, and thus remands the case for further development.

All issues on appeal are remanded for further development and consideration. The Veteran's lower spine injury is granted service connection. Service connection for his skin condition as due to herbicide exposure is denied. Sleep apnea secondary to the lower spine injury is also remanded. His asthma evaluation is remanded, and a TDIU determination is remanded.