Other conditions decisions — 2018

The Board has remanded two issues: the first regarding payment of accrued benefits to the Appellant, and the second regarding payment of a higher rate of VA DIC benefits due to the Appellant's need for regular aid and attendance or permanent housebound status. The remand requests include obtaining relevant documentation from private healthcare providers and scheduling a VA examination.

The Veteran's bilateral hip pain and abscess, right testicle, were not service-connected. The left lower extremity radiculopathy was granted a higher rating, effective October 7, 2004, with an earlier effective date for TDIU and DEA benefits.

The Board has granted service connection for arthritis of the right hand on a direct basis, finding that it is related to the Veteran's current condition and not aggravated by any in-service surgery. The claim was reopened due to new evidence submitted since the last denial.

The Board has decided to remand the case for a new examination and opinion regarding the Veteran's lower back disability, as the previous VA examination was inadequate.

The Board has dismissed the appellant's freestanding claim for an earlier effective date for the grant of service connection for the cause of the Veteran’s death, as it is not within the jurisdiction of the Board to address such claims.

The Board has granted service connection for the Veteran's postoperative paraesophageal hernia, finding that it became manifest in service.

The Veteran's niece appeals for VA payment or reimbursement of the cost of private medical treatment received at Bedford Hills skilled nursing center (BH) in Manchester, New Hampshire from October 31, 2013 to December 14, 2013. The appeal is denied as there was no authorization by VA and the care provided was not covered by Medicare.

The Board denied an earlier effective date for service connection of right para clavicular thoracic outlet decompression with reduced right shoulder motion associated with Paget-Schroetter syndrome in the right upper extremity, finding that no correspondence prior to November 8, 2012 could be construed as a formal or informal claim. The Veteran's appeal was for an earlier effective date than what is legally possible given the evidence.

The Board has reopened the Veteran's claims for service connection for bilateral blurred vision, back pain, peptic ulcer disease, and prostate disability due to new and material evidence. The issues are now remanded for further development.

The Board denied additional VR&E benefits for purchase of tempurpedic mattress, camera and accessories, correspondence course materials, enrollment in a managerial communications course, and replacement of carpeting in the Veteran's home as these do not meet the criteria for necessary services to achieve independence.

The Board has granted additional accrued benefits in the amount of $5253.00 to the appellant, who provided proof of costs incurred for her mother's final illness and burial.

The Board has granted the Veteran's motion to reverse the December 1993 rating decision and grant service connection for hiatal hernia. The effective date of this grant is the day following separation from service, as it was filed within a year of separation. However, the claim for an earlier effective date for residuals of myocardial infraction secondary to hiatal hernia is moot due to the remand on this issue.

The Veteran's cause of death, lymphoma, is found to be related to his military service exposure to chemicals like benzene. The Board grants service connection for the cause of the Veteran’s death.

The Board denied the reduction of death pension benefits due to a change in countable income effective December 1, 1999, finding that the preponderance of evidence supported the reduction.

The Veteran's claim for an effective date prior to November 21, 2013, for the award of service connection for CLL was denied as there is no evidence showing a diagnosis or active disease onset on or before October 16, 2003.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative changes of the right femorotibial joint is denied. The Board found that flexion was limited to 110 degrees and extension was full, which does not meet the criteria for a higher rating under DCs 5257-5010.

The Board found that the Veteran's income exceeded the maximum allowable pension rate, leading to the termination of his nonservice-connected pension benefits effective July 1, 2009. The claim for restoration was denied.

The Board has remanded the case due to insufficient information about the nature and etiology of the Veteran's jaw disability, including dry mouth symptoms. The Veteran needs a medical examination to clarify these issues.

The Board has determined that the Veteran's esophageal cancer, which was the principle cause of his death, is related to his presumed exposure to Agent Orange during service. As a result, the claim for service connection for the cause of the Veteran’s death is granted.

The Veteran has been granted compensation under 38 U.S.C. § 1151 for additional disability of abdominal, groin, and testicular pain resulting from surgeries performed at VA Medical Centers in June 1992, April 1996, and May 2007.