Other conditions decisions — 2018

The Veteran's claim to establish dependency status for his niece, H.C.D., is denied because the legal guardianship granted by the court is not equivalent to an adoption under Kansas state law.

The Board has determined that the Veteran's PLS is a variant of ALS and grants service connection for this condition based on the presumption of service connection for ALS.

The Veteran's appeal for an initial compensable rating for his right hand fracture was dismissed. The issue of service connection for the amputation of his right thumb, which he contends is secondary to his service-connected right hand fracture, has been remanded.

The Veteran's other specified trauma and stressor related disorder is rated at 30 percent prior to July 12, 2017, and 50 percent from July 12, 2017. The appeal for a TDIU was granted effective May 20, 2015.

The Veteran's initial disability ratings for left and right rotator cuff tendonitis from November 19, 2012 were denied as the evidence did not show limitation of motion to 25 degrees or midway between shoulder level.,The Veteran's TDIU claim was also denied due to her service-connected disabilities not meeting the criteria for a total disability rating based on individual unemployability.

The Board found that the removal of the Veteran's child from his VA compensation award due to concurrent receipt of Dependents' Educational Assistance (DEA) benefits was proper, resulting in an overpayment of $4,578.17.

The Board found that the Veteran's squamous cell carcinoma of the left nasal septum and sill did not have its onset in service or due to presumed herbicide agent exposure, thus denying his claim for service connection.

The Veteran's claim for service connection for mediastinal mass of infarcted, hemorrhagic thymoma and hyperplastic lymph nodes as a result of exposure to herbicide agents is being remanded due to the need for additional development.

The Board has granted service connection for the cause of death due to Pick's dementia and sick sinus syndrome, which is presumed to be related to herbicide exposure during service. The claim was reopened based on new evidence provided by a private physician.

The Board has determined that the Veteran is entitled to education MHA benefits at the in-residence rate for his course of study at NYU. The case is remanded to determine if there is a remaining overpayment debt due to changes in the classification of the Veteran's student status from full-time to less than full-time.

The Board has determined that the appellant is not entitled to nonservice-connected burial benefits as her spouse did not provide evidence of a service-connected condition at the time of her husband's death, nor was he admitted to a VA facility for care. The claim must be denied.

The Board has determined that the appellant's income exceeds the maximum annual limit for Parents' DIC benefits, and thus she is not entitled to these benefits. The case is being remanded for further action regarding medical expenses.

The Board has decided that there is insufficient information on the claims file to determine whether the Veteran is unemployable. The case is REMANDED for the AOJ to obtain additional information about the status of his employment.

The Veteran's death pension and burial benefits claims were denied as the appellant's income exceeded the maximum annual pension rate, and there was no qualifying service-connected disability for burial benefits.

The Veteran's appeal for increased ratings and service connection for obstructive sleep apnea as secondary to his service-connected recurrent respiratory papillomatosis was denied. The Board found that the Veteran's disability picture most nearly approximated a 60 percent rating under DC 6519, but no higher, for complete organic aphonia resulting in a constant inability to speak above a whisper. However, there is no evidence of a constant inability to communicate by speech at any point during the appellate period.

The Veteran's appeal for increased ratings for left leg GSW, left knee degenerative joint disease (left knee disability), and left ankle degenerative joint disease (left ankle disability) has been denied. The Board found that the preponderance of evidence did not support a higher rating than 30 percent for the left leg GSW.

The Veteran is granted increased disability ratings of 10 percent each for his service-connected post-operative bunionectomies, fractures of the big toe with arthritis, and Morton's neuroma in both feet.

The Board denied service connection for essential tremors of the hands as due to herbicide exposure, finding that the Veteran's condition is not related to such exposure and that there was insufficient evidence to establish herbicide exposure.

The appeal was dismissed due to the appellant's death, and no service connection decision is made.

The Veteran's cognitive disorder, claimed as memory loss, is granted service connection secondary to his hypertension.