Other conditions decisions — 2018

The Veteran's service-connected narcolepsy is currently rated at 40 percent, and the Board denied a higher rating as his seizures do not meet the criteria for a higher rating.

The Board has remanded several issues, including service connection for parasitic worms and prostate disability. The Veteran's IBS is currently rated at the maximum schedular level of 30 percent prior to August 1, 2018.,Service connection for psychiatric disability was granted effective March 24, 2010, but the claim for an earlier effective date is dismissed without prejudice. Effective dates for hearing loss and tinnitus are also remanded.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 is denied because the evidence does not show that VA carelessness, negligence, or lack of proper skill caused additional disability resulting from delayed left thumb fusion surgery in December 2011.

The Veteran withdrew his appeal for an initial compensable rating for porphyria cutanea tarda (PCT).

The Board denied the veteran's claim for a Government-furnished headstone or grave marker due to his service not qualifying him as a 'veteran' and therefore not meeting eligibility requirements.

The Board is unable to determine if the Veteran was exposed to herbicides or ionizing radiation due to conflicting information. The case is being remanded for further investigation.

The Board has remanded the case due to missing records from a previous hearing. The Veteran needs to submit updated VA and non-VA treatment records, as well as resubmit SSA records and his wife's lay statement.

The Board has remanded the cases for obtaining additional medical records from Country Side Mease Hospital to determine if the appellant's claimed disabilities are related to service.

The Veteran's adult son is not eligible for accrued benefits as he does not meet the legal definition of a child under VA regulations.

The Veteran's chronic diarrhea has been productive of severe episodes of bowel disturbance with more or less constant abdominal distress, and the Board granted a 30 percent rating for this condition from November 28, 2011 to March 17, 2015.

The Board has granted an effective date of June 7, 2011 for the award of DIC. The appellant provided all necessary information in August 2011, prior to the denial of her initial claim.

The Board has decided to remand the case due to conflicting opinions from a VA examiner regarding whether the Veteran's surgery caused additional disability. The case is being sent back for clarification.

The Veteran's claim for a compensable rating for service-connected left foot hallux valgus is being remanded due to the addition of new evidence not previously considered by the RO.

The appeal was dismissed because the Veteran died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits.

The Board cannot make a fully-informed decision on the issue of service connection for residuals of a complete hysterectomy because no VA examiner has opined whether the Veteran's disability is related to her gynecological problems in service. The case is remanded to obtain relevant medical records and conduct an examination.

The Veteran's claim for Post-9/11 GI Bill educational assistance at a rate higher than 80 percent is being remanded due to the need for additional development regarding his service from November 18, 2003 to August 31, 2004.

The Board has remanded the case due to issues related to the Veteran's service verification and income/asset verification for pension purposes.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's current gastrointestinal disability and her in-service complaints. A new VA examination is required.

The Board has determined that the Veteran's surviving spouse was entitled to nonservice-connected death pension benefits, but her income exceeded the threshold for such benefits. The claimant is seeking accrued benefits based on expenses incurred for the surviving spouse's last illness and burial. The decision is remanded due to unclear documentation of these expenses.

The Board found that the Veteran's countable income exceeded the Maximum Annual Pension Rate for the period from June 1, 2012, to November 30, 2012. The debt was properly created due to his failure to notify VA of his wife's increased income and subsequent changes in eligibility. A waiver of overpayment is granted.