Other conditions decisions — 2018

The Veteran's appeal for service connection for a sinus disorder has been withdrawn and dismissed. The Board has also remanded the issues of service connection for residuals of testicle removal or injury and facial skin disorder.

The Veteran's disability ratings for his right long, ring, and little finger disabilities are being remanded due to the need for a new VA examination to assess the current nature and severity of these conditions.

The appellant's claim for accrued benefits is denied because the evidence does not show that he bore the expenses of last sickness or burial.

The Veteran's claim for special monthly compensation (SMC) based on loss of use of the upper and lower extremities is being remanded due to uncertainty in his current physical condition. The SMC claim will be reconsidered after the previously remanded claims for increased initial ratings are addressed.

The Board denied the claim for an earlier effective date for additional compensation based on the dependent status of the Veteran's spouse, finding that July 24, 2015 is the appropriate effective date as it falls more than a year after the date dependency arose.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for a VA medical opinion to address whether he developed an additional disability as a result of the transrectal prostate ultrasound and biopsy performed on December 12, 2008.

The Veteran's service connection claims for a sleep disorder, gastritis, and inflammatory bowel disease (specifically ulcerative colitis) have been denied as there is no evidence of current diagnoses or disabilities.,The Board found that the Veteran did not present competent evidence showing he has current diagnoses of these conditions.

The Board denied an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) because there was no evidence of any prior claim or communication for service connection for a sleep disorder subsequent to the final denial in December 2001 and prior to February 14, 2003.

The Veteran's TDIU claim is being remanded for further development and consideration, including obtaining a medical opinion regarding his ability to secure or follow a substantial gainful occupation due to his service-connected disabilities.

The Board denied service connection for a neurologic abnormality affecting the right leg as secondary to the service-connected lumbar spine disability due to lack of current diagnosis. The TDIU claim was also remanded as the recommendation only considered part of the appeal period.

The Board found that the Veteran's OCD had improved and was no longer warranting a 50% rating, thus reducing it to 30%. The reduction from 50% to 30% for service-connected OCD effective February 1, 2014 was proper.

The Board has determined that the Veteran's diagnosed right hip arthritis is related to his active military service and grants entitlement to service connection for this condition.

The Board denied the petition to reopen the claim for service connection for the cause of the Veteran’s death because no new and material evidence was submitted, and the conditions that caused the Veteran's death were not found to be related to his service.

The Veteran's cause of death was listed as aspiration pneumonia. The claim for dependency and indemnity compensation (DIC) under 38 U.S.C. § 1151 is denied because the care that led to his death occurred at a VA-contracted facility, which disqualifies him from receiving DIC benefits.

The Veteran's irrevocable election to transfer his entitlement to educational assistance benefits under the Montgomery GI Bill-Senior Reserve (MGIB-SR) to the Post 9/10 GI Bill has been granted, allowing him to receive 'kicker' payments.

The Board has determined that a remand is necessary to obtain the Veteran's missing autopsy report and service treatment records, as well as to provide an updated medical opinion regarding the cause of death. The claim will be readjudicated after these actions.

The Veteran's son was granted an effective date of August 13, 2010 for the commencement of his eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Board has remanded the claim of entitlement to a total rating based on individual unemployability due to service-connected disabilities (TDIU) for referral to the Compensation Service Director for extraschedular consideration.

The Veteran's cause of death due to brain tumor is being reopened. The claim will be remanded for a medical opinion regarding the relationship between the brain tumor and presumed herbicide exposure during service.

The Board has remanded the claim for nonservice-connected death pension benefits due to unverified service records. The AOJ must consider the additional evidence provided by NARA and readjudicate the claim.