Other conditions decisions — 2018

The Board has decided to remand the Veteran's claim for a compensable rating for right elbow epicondylitis due to the need for additional evidentiary development, including an examination to assess the extent of functional loss during flare-ups and after repeated use.

The appeal was dismissed due to the death of the appellant.

The Board has remanded the cases of an increased rating for a facial lesion and TDIU due to inaction on part of the AOJ. The AOJ is instructed to obtain all outstanding VA treatment records, send appropriate notice regarding TDIU, and adjudicate both issues after ensuring compliance with the requested actions.

The Board has decided to remand the Veteran's claims for an initial compensable rating for right and left shin splints due to a lack of sufficient information from the VA examination regarding whether the ankle sprains are related to her service-connected bilateral shin splints. The case will be returned to the RO or AMC for further development.

The Board has determined that the appellant meets the criteria to be recognized as the surviving spouse of the Veteran for VA benefits purposes, despite a lengthy separation prior to his death.

The Veteran's service discharge was found to be under other than honorable conditions, which bars the Appellant from receiving DIC benefits.

The Board has determined that the Veteran's claim for an apportionment of his VA disability compensation benefits on behalf of J.R.Y. should be remanded due to procedural issues and the need for additional evidence regarding J.R.Y.'s marital status, SSA records, and financial information.

The Board has decided to remand the case due to missing medical records and requests for a supplemental statement of the case (SSOC). The Veteran's stomach disability claim is still under review.

The Board has determined that a VA examination is necessary to determine if the appellant has spina bifida, except for spina bifida occulta. The examiner must also opine whether the appellant's diagnosed Arnold Chiari II malformation is a form or manifestation of spina bifida.

The Veteran's narcolepsy with cataplexy and shortening of the left lower extremity are granted. The initial rating for residuals of shortening of the left lower extremity is set at 10 percent.

The Board denied the Veteran's claim for service connection of residuals of a left eye cataract as there is no competent medical evidence supporting his current diagnosis.

The Board has determined that the Veteran's non-VA medical care at ABMC on December 4, 2015, and from December 9 to December 10, 2015, was authorized in advance due to the lack of feasibly available VA facilities. As a result, reimbursement or payment for these medical expenses is granted.

The Veteran's service connection claim for residuals of Guillain–Barré Syndrome is being remanded due to the need for additional medical examination and records.

The Board denied the claims for death pension, service connection for the cause of the Veteran’s death, and burial benefits due to the appellant's income exceeding the maximum annual pension rate.

The Board denied the Veteran's claims for increased ratings in excess of 40 percent for lymphedema of both lower extremities, finding that his symptoms did not meet the criteria for a higher rating under Diagnostic Code 7121.

The Veteran's left upper extremity weakness is rated at 60 percent, and his left lower extremity weakness is rated at 40 percent since November 25, 2008. The Veteran's request for a higher initial disability rating for both conditions has been denied.

The Board has remanded the claims for service connection for cause of death and compensation under 38 U.S.C. § 1151 due to alleged negligence from VA care, as further development is needed.

Service connection for muscle loss and fatigue is denied as there is no evidence of a qualifying chronic disability under the provisions of 38 C.F.R. § 3.317.,The Veteran's left shoulder burn scars are rated noncompensable, and his abdominal scar prior to March 1, 2012, and in excess of 10 percent thereafter is also rated noncompensable.

The Veteran withdrew his appeal regarding the issue of entitlement to a TDIU prior to December 16, 2016.

The Board denied the Veteran's claims for earlier effective dates for additional compensation benefits for his dependent children due to a lack of timely submission of claims within one year of their 18th birthdays.