Other conditions decisions — 2018

The Board has determined that the issue of whether a special apportionment of the Veteran’s monthly VA compensation benefits in the amount of $192.00 on behalf of V-, his spouse, for the period from February 1, 2012, to June 1, 2014, was proper is inextricably intertwined with another issue and thus must be remanded.

The Veteran's pre-existing right hand injury was aggravated by his active duty for training (ACDUTRA) service, and he continues to experience associated residuals. Service connection is granted for the residuals of a right hand injury.

The Board has decided that the Veteran's request for a waiver of recovery of an overpayment was not timely filed, and therefore remanded to allow VA to obtain any missing records.

The Veteran's appeal regarding his PTSD claim has been referred to the AOJ for adjudication. The Veteran also requested a hearing, but withdrew all requests prior to the Board decision.

The claim for service connection for the cause of the Veteran's death is granted as new and material evidence has been received, reopening the previously denied claim. The appellant contends that the cause of death was due to her husband's service-connected otitis externa, but the VA medical opinions do not support this contention.

The Board has remanded the case due to insufficient development regarding possible risk factors for astrocytoma, including exposure to ionizing radiation. The AOJ is instructed to obtain additional records and opinions on this matter.

The Veteran's appeal for VRAP benefits for the term from January 2013 to May 2013 was denied because he did not meet the full-time enrollment requirement.

The Veteran's daughter does not qualify for benefits under 38 U.S.C. § 1805 or § 1815 because she is not the child of a Vietnam veteran who served in the Republic of Vietnam, and her birth defects are not spina bifida occulta.

The Board denied the Veteran's claim for service connection as her hysterectomy was performed to treat pre-existing endometriosis, which did not worsen during active duty.

The Board dismissed the appeal due to the death of the appellant, as her claim does not survive her death.

The Veteran's service is eligible for Post-9/11 GI Bill benefits at a rate of 60 percent due to her aggregate length of creditable active duty service. However, she does not qualify for the 100 percent rate because her discharge was due to a service-connected disability in the Air National Guard rather than from active duty.

The Veteran requested to withdraw his appeal regarding the issue of an effective date prior to June 28, 2010 for the grant of service connection for adjustment disorder. As a result, this issue is dismissed.

The Board dismissed the appeal because the Veteran passed away during the pendency of the appeal and has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claim for a higher rating for his service-connected costochondritis is being remanded due to the need for additional development, including a VA examination and consideration of whether there are separate manifestations that may be rated.

The Veteran's service-connected psychosis associated with organic brain syndrome due to hallucinogenic drugs is rated at a 70 percent disability rating prior to August 27, 2015 and granted. A higher rating of over 70 percent is denied throughout the appeals period.

The Veteran's claims for service connection for malaria, fatigue, basal cell carcinoma, and actinic keratosis have all been denied. The Board found no current diagnosis of malaria, and the Veteran did not provide a valid claim for secondary service connection as his primary disability is not diagnosed.

The Veteran's appeal for an increased disability evaluation for her service-connected right foot disorder is being remanded due to the need for additional development, including a VA examination.

The Board has remanded the cases for further development and consideration, including a VA examination to assess the current nature of the Veteran's peptic ulcer disorder.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has determined that the appellant's hallux valgus, status post bunionectomy, warrants a maximum schedular rating of 10 percent for each affected foot. The conditions do not meet criteria for higher ratings under any applicable diagnostic codes.