Other conditions decisions — 2018

The Appellant's claim for an increased monthly rate of DIC benefits was denied as she did not meet the legal criteria for such a payment, despite her financial hardship and the Veteran's service-connected disability.

The Veteran's claim for service connection for dizziness and a skin disability of the bilateral feet (claimed as jungle rot) is denied. The appeal for TDIU based on service-connected disabilities is granted.

The Board has decided that the validity of the underlying debt and subsequent overpayment need to be adjudicated by the AOJ before a decision on the waiver can be made.

The Veteran's anal fissure, status post left lateral internal sphincterotomy, was rated at 10 percent prior to July 19, 2017 and denied a higher rating. From July 19, 2017, the Veteran is rated at 30 percent for occasional involuntary bowel movements necessitating the wearing of a pad.

The Board is remanding the case to determine if the Veteran's Army National Guard service from January 2, 2010 to January 31, 2011 qualifies as active duty service under 38 U.S.C. § 3301(C)(1).

The Board denied the appellant's claim for VA death benefits because her deceased husband had no verified service in the United States Armed Forces, including any alleged Vietnam service. The decedent was therefore not considered a 'veteran' and ineligible for VA death benefits.

The Board has decided to remand the claim of service connection for internal carotid stenosis with TIA due to outstanding VA and Social Security Administration records, as well as a need for an opinion from a clinician regarding the relationship between the condition and service.

The Veteran's service is not considered to be during a period of war, thus he does not meet the eligibility requirements for nonservice-connected pension benefits.

The Veteran's death was not service-connected, and he did not have pending claims for VA compensation or pension at the time of his death. The appeal is denied as there are no legal entitlement to nonservice-connected burial benefits.

The Veteran's medical expenses at a private hospital from March 3, 2013 to March 4, 2013 are granted as the treatment was necessary due to an emergency and VA facilities were not feasibly available.

The Board has remanded the case due to an incomplete VA examination report, and the Veteran's condition needs to be evaluated retrospectively since July 2010.

The Veteran's service-connected fracture of the right third metacarpal has been granted a 10 percent rating, effective from May 21, 2018.

The Board has remanded the case for the AOJ to provide the Veteran with an opportunity to submit an updated VA Form 5655, Financial Status Report. The AOJ has not completed this task and has returned the case to the Board without necessary action.

The Veteran's hyperlipidemia claim is denied. The Board grants a 100 percent rating for Ménière’s disease from January 1, 2010 and SMC pursuant to 38 U.S.C. § 1114 (s) prior to August 20, 2014.

The Board has remanded the claims for arthritis of the right hand and premature ventricular contraction secondary to service-connected hypertension due to insufficient medical opinions regarding their etiology.

The Board of Veterans' Appeals has decided to remand the case due to insufficient medical opinions regarding whether the appellant was insane at the time of his misconduct leading to his discharge. The appellant must provide any outstanding treatment records and a VA examiner will be asked to assess if he was insane for VA purposes.

The Veteran's service-connected hip/thigh and back disabilities make it impossible for him to maintain regular, substantial gainful employment. As a result, he is granted a total disability rating based on individual unemployability (TDIU).

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's diagnosed herpes. The Veteran needs a VA examination to determine if his current diagnosis is related to service.

The Board has remanded the case due to new evidence indicating that the Veteran's right foot arthritis may be reactive arthritis, not degenerative joint disease. The AOJ needs to consider this new information and reassess the initial compensable rating for the condition.

The Veteran withdrew his appeal for a Total Disability Rating for Compensation Based Upon Individual Unemployability (TDIU) prior to October 1, 2015.