Other conditions decisions — 2018

The Veteran's foot disability (hallux valgus, hallux rigidus, hallux limitus, metatarsalgia, and MTP DJD) was not incurred during active duty and is not otherwise related to military service.

The Board has remanded the issues of entitlement to a total disability evaluation based on individual unemployability and service connection for a digestive disorder due to non-compliance with previous directives. The case is now before the AOJ for additional development.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she was not living continuously with the Veteran until his death and their separation was not due to misconduct of the Veteran. The appeal is based on a determination of eligibility rather than service connection.

The Veteran's residuals, postoperative appendicitis with peritonitis and bowel fistula are currently rated at 30 percent from July 16, 2014. The Board found that the disability did not meet criteria for a higher rating due to lack of severe colic distension, nausea or vomiting.

The Board denied the Veteran's claim for accrued benefits in excess of $3,999, to include reimbursement of the expense of last sickness or burial. The decision found insufficient evidence that the Appellant used his own personal funds to pay for the Veteran's medical expenses.

The Veteran's appeal has been dismissed due to his death. The issue of entitlement to service connection for a skin disorder, which was not related to herbicide exposure, is now moot.

The Board has determined that the Veteran's left hand arthritis is not related to his service or a service-connected condition, and thus denied the claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess her ability to care for herself given her service-connected disabilities. The claim of service connection for urinary incontinence will also be addressed.

The Veteran's service-connected status post mandibular fracture warrants a 10 percent rating for loss of teeth due to the trauma associated with his mandible fracture, effective January 21, 2009.

The Veteran's claims for service connection have been granted, but the appeal is dismissed as there are no remaining issues to be decided.

The Board denied the Veteran's claims of service connection for atherosclerosis and left knee condition as secondary to fracture, right patella, with traumatic arthritis. The decision found that new evidence did not raise a reasonable possibility of substantiating the claim.

The Board has determined that the Veteran's left hip arthritis and replacement are service connected, as they are linked to injury or disease incurred in active service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected right tibia fracture and TDIU claim. The claims will be readjudicated based on all evidence.

The Veteran's service-connected detrusor instability, interstitial cystitis is currently rated at 40 percent and the appeal for a higher rating has been denied.

The Board has granted a full apportionment of the Veteran's compensation benefits on behalf of the appellant during his period of incarceration from March [REDACTED], 2006 to December [REDACTED], 2007, based on individual need.

The Board denied the appellant's claim, finding that his Other Than Honorable discharge from service due to a prolonged AWOL period of approximately 9,000 days is a bar to eligibility for VA benefits.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance or at the housebound rate is being remanded due to scheduling issues with VA examinations.

The Veteran's permanent and total disability was found effective March 8, 2012. The appellant reached his 26th birthday prior to this effective date, thus he has no legal entitlement to Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Board denied the appellant's claim for additional accrued benefits from her mother's pension, finding that the expenses she claimed to have paid on her behalf were already considered in determining her mother's eligibility for pension.

The Board has determined that the Veteran does not have a current diagnosis of malaria, tropical sprue, dysentery or Giardia. Obesity is not considered a disease or injury for VA purposes and therefore cannot be service connected.