Other conditions decisions — 2018

The Board has remanded the claims of service connection for right foot pain, left foot pain, and sleep apnea due to potential issues with the validity of previous examinations and need for further medical evaluation.

The Board denied service connection for collapsed left lung, collapsed right lung with thoracotomy, and swallowing/esophageal problems as secondary to collapsed lungs due to presumed exposure to herbicides in Vietnam. The evidence did not support a finding that the Veteran's lung conditions were related to his in-service exposure.

The Veteran's mastocytosis has been rated at 10 percent since July 2015, as the condition requires continuous medication for control and does not meet the criteria for a higher rating under DC 7703 or DC 7716.

The Board found that the evidence was at least in equipoise as to whether the injury underlying the Veteran's left rotator cuff tear was incurred during a period of INACDUTRA or aggravated during a period of ACDUTRA, and thus granted service connection for residuals of left rotator cuff repair.

The Board has restored a 60 percent disability rating for residuals of left femoral artery injury, effective February 1, 2016, as the evidence did not support reducing the rating to 40 percent.

The Board dismissed the issue of whether VA was correct to terminate death pension benefits due to excessive income as September 1, 2012. The Appellant is entitled to DIC benefits and cannot receive concurrent payments with nonservice-connected death pension.

The Board denied both the recognition as the Veteran's surviving spouse for VA death benefits and an increase in apportionment of the Veteran’s VA benefits, finding that granting either would cause undue financial hardship to the Veteran.

The Board has decided to remand the case due to inadequate examination and requests for additional development, including a new VA examination.

The Veteran's second period of service from April 2013 to January 2015 is not considered honorable, and therefore does not qualify for educational assistance benefits under the Post-9/11 GI Bill at a 100% rate.

The Veteran's claims for increased ratings for his bilateral foot conditions and left knee disability are being remanded due to the need for additional examinations.

The Veteran's death was caused by alcohol withdrawal, which was related to his service-connected anxiety disorder. The Board found that the Veteran's service-connected anxiety disorder was the primary cause of his death and granted service connection for the cause of death.

The Veteran's request for an extension of the delimiting date for receiving Chapter 30 educational benefits was denied because he did not file a timely application and there was no physical or mental disability preventing him from initiating or completing his chosen program.

The Board denied the Veteran's claim for service connection for residuals of a right pelvic stress fracture because there was no evidence of a current disability, and new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's son, J.J., was recognized as a helpless child due to his mental retardation prior to reaching the age of 18.

The Board denied a request for an earlier effective date for the award of nonservice-connected pension benefits, finding that the Veteran's initial application was abandoned due to his failure to submit a completed application within one year of a November 2010 letter requesting it. The Board also found there was no evidence the Veteran detrimentally relied on the October 22, 2011 date in failing to submit a completed application.

The Veteran died in October 2012, and the appellant applied for DIC benefits within one year of his death. The earliest possible effective date is set at the first day of the month he died (October 1, 2012). The claim cannot be granted as it would predate the Veteran's death.

The Board has granted service connection for a low back disability, finding that the Veteran's current arthritis is related to his in-service complaints and treatment of back strain.

The Veteran's claims for service connection for appendicitis and an initial compensable rating for his right little finger disability have been denied. The Board found that there is no current diagnosis of appendicitis, and the evidence does not support a finding that the right little finger disability meets the criteria for a compensable rating.

The Veteran's spouse was found ineligible for nonservice-connected death pension benefits due to her income exceeding the maximum annual rate.

The Board denied DIC benefits, death pension, and accrued benefits based on the Appellant's status as surviving spouse of the Veteran due to a finding that they were not continuously cohabitating at death.