Other conditions decisions — 2018

The Board found that new evidence received since the last denial supports reopening the claim of service connection for varicose veins, but denied the secondary service connection claim as there is no causal relationship between the Veteran's current varicose veins and his service-connected hypertensive heart disease and sinus tachycardia.

The Veteran's right vocal cord paralysis, post-arytenoidplasty, is being remanded for further evaluation as the current severity of his condition remains unclear.

The Board found that the Veteran's service-connected residuals of a mid-shaft fracture of the 5th metatarsal do not warrant a rating in excess of 10 percent, as there is no evidence of moderately severe or severe impairment. The great right toe distal phalanx fracture does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's Schizoaffective disorder, depressive type, was rated at 70 percent from May 12, 2012 to September 10, 2014 and increased to 100 percent during this period.

The Veteran's appeal for increased ratings for his service-connected upper airway resistance syndrome, varicosis of the right lower extremity, and spider angiomata of the left thigh has been denied. The Board found that prior to September 27, 2013, the Veteran did not require a breathing assistance device such as a CPAP machine for his sleep disorder. From September 27, 2013, he was not productive of chronic respiratory failure with carbon dioxide retention or cor pulmonale and had not required a tracheostomy.

The Veteran's service-connected neurogenic bladder was reduced from a 60 percent rating to a noncompensable rating, effective March 1, 2011. The Board found that the reduction was improper and restored the initial 60 percent rating.

The Veteran seeks service connection for Crohn's disease. The Board has determined that a remand is necessary to obtain an examination and opinion regarding the etiology of the disability, as well as to obtain any outstanding private treatment records.

The Veteran's service-connected right and left knee disabilities have been rated at 10 percent since April 30, 2011. The Board finds that the evidence does not support a higher rating for either knee.

The Board has reopened the claim of service connection for the cause of the Veteran's death and granted it, finding that herbicide exposure likely caused or aggravated his MGB. The grant of service connection for the cause of the Veteran's death renders moot the Appellant's claim for nonservice-connected pension benefits.

The Board has determined that the appellant and the Veteran had a valid common law marriage for over one year prior to the Veteran's death, which qualifies her as his surviving spouse for VA benefits. The cause of death (pancreatic cancer) is being addressed in the remand portion.

The Board has granted service connection for a disability of the left fifth finger and a urological condition, but dismissed the appeal regarding the issue of entitlement to service connection for a disability of the left leg.

The appellant has withdrawn his appeals regarding the restoration of ratings for otitis externa and back injury, compression fracture T-11. As a result, these issues are dismissed.

The Board has determined that the debt created by VA's payment of educational assistance benefits under the Post 9/11 GI Bill in the calculated amount of $478.50 was due to mitigating circumstances beyond the appellant's control which prevented her from continuously pursuing a program of education, thus finding it not properly created and dismissing the appeal as moot.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for the merits of the case.

The Board found that neither party provided sufficient information to determine if the appellant and her child were experiencing economic hardship, which would cause undue hardship on the Veteran. Therefore, the apportionment award was denied.

The Board has decided to remand the case for additional development, including obtaining relevant VA treatment records and addressing the issue of reimbursement based on a holding invalidating the previous denial due to insurance coverage.

The Board has dismissed the appeal due to the death of the appellant, as it does not have jurisdiction to adjudicate the merits of this appeal.

The Board has dismissed the appeal because the Appellant died during the pendency of the appeal and thus no longer has jurisdiction to adjudicate the merits of the claim.

The Board has dismissed the appeal as the Veteran failed to provide necessary authorizations for VA to obtain records and schedule an examination, resulting in his abandonment of the claim.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.