Other conditions decisions — 2018

The Board denied the appellant's claim for nonservice-connected pension benefits due to his discharge being under other than honorable conditions, finding that he served on active duty from August 1971 to September 1972 and was discharged in lieu of a court-martial. The Board concluded that this discharge is considered dishonorable and thus bars the appellant from receiving VA pension benefits.

The Veteran's claim for a higher rating for his service-connected left femur condition is remanded due to the need for an adequate VA examination.

The Veteran's death was not service-connected as his cause of death (cardiovascular collapse due to cerebral edema, as a consequence of a gunshot wound to the brain) was not related to any service-connected disability. The Board denied DIC benefits under 38 U.S.C. § 1318 and service connection for the cause of death.

The Board dismissed the appeal due to the death of the appellant, and no effective date earlier than September 9, 2014, for death pension with special monthly pension benefits is granted.

The Board has decided to remand the case due to the need for additional medical records and a new VA examination. The Veteran's right foot condition is still under review.

The Board reversed the denial of service connection for Leber's optic atrophy due to clear and unmistakable error, finding that it was a congenital condition but should have been treated as a disease. The effective date is set from the day following separation from service.

The Board found its previous decision denying service connection for Leber’s optic atrophy to be clearly and unmistakably erroneous, thus granting the claim. As a result, there are no remaining issues for the Board to decide.

The Board denied earlier effective dates for the Veteran's service-connected left and right foot disabilities, as well as his service-connected left and right hip disabilities. The effective date was set at June 13, 2016.

The Veteran's appeal for earlier effective date and increased rating for priapism was denied. The Board found that the evidence did not show entitlement to a compensable rating prior to June 6, 2018, and that residuals of priapism warranted only a 20 percent disability rating.

The Board has granted service connection for right and left elbow disabilities, but denied service connection for a low back disability, a right-hand disability, an initial rating in excess of 0 percent for a left shoulder disability, a left wrist disability, and a right wrist disability.

The Veteran's divorce from the appellant occurred prior to his death, and therefore she is not considered a surviving spouse for VA death benefits.

The Board has determined that the Veteran's tuberculous meningitis is related to service and granted service connection. However, further examinations are needed to determine if his other disabilities (such as hemiparesis, DVT, aphasia, incontinence, cognitive impairment) are caused or aggravated by his service-connected tuberculous meningitis.

The Veteran's claim for service connection for a left hip disorder has been reopened due to the submission of new evidence. However, further development is needed before the merits of her claim can be addressed.

The appeal is dismissed as the Veteran died during the pendency of the appeal and thus the Board has no jurisdiction to adjudicate the merits.

The Veteran's stomach condition, including dysphagia and diverticulitis, is remanded for further evaluation due to the need for a VA addendum medical opinion.

The Veteran's claims of service connection for Charcot-Marie-Tooth disease (CMT) with foot drop, ptosis, and neurofibromatosis have been denied as the evidence does not establish that these conditions were incurred or aggravated by military service.

The Board is unclear about why the request for apportionment of VA benefits was never acted upon and has ordered a remand to address this inconsistency.

The Veteran's claim for a compensable rating for a perforated tympanic membrane in the left ear has been denied as there is no legal basis to award a higher schedular evaluation.

The Veteran's spouse was added as a dependent effective from February 1, 2013.

The Board denied service connection for residuals of a right foot injury, finding that the preponderance of evidence did not support a link between the current disabilities and an in-service event or disease.