Other conditions decisions — 2018

The appeal is remanded due to incomplete military personnel records and the need for further verification of the appellant's service branch.

The Board has determined that additional development is necessary due to conflicting medical evidence regarding the Veteran's diagnosis of ischemic heart disease and a lack of review of private medical records. The case is therefore being remanded for further examination and opinion.

The Board has decided to remand the case due to missing VA and private treatment records, as well as a need for an additional VA examination to determine the cause of the Veteran's left leg symptoms.

The Board has determined that the evidence is insufficient to determine if the Veteran currently has vasovagal syncope and its etiology, thus a new medical examination is needed.

The Veteran withdrew his appeal, thus the case is dismissed.

The Veteran's other issues, including service connection for headaches and higher ratings for right shoulder, low back, and tonsillectomy, are being remanded. The effective date of the TDIU is held in abeyance due to its potential impact on these claims.

The Board found that the appellant was not entitled to a reinstatement of the higher apportionment amount due to the Veteran's incarceration, as there was no evidence showing the incarceration was due to a felony offense punishable by imprisonment for more than one year.

The Veteran's claim to reopen her finally disallowed service connection for hysterectomy and bilateral salpingo oophorectomy is granted. However, the secondary service connection claim for cervical squamous cell dysplasia and condylomatous atypia with residual carcinoma in situ, status post simple partial vulvectomy, is denied.

The Board has decided that the Veteran's right elbow disability may be related to service, but needs further examination and evidence to determine this definitively. The issue of secondary service connection for her right shoulder disability is also pending.

The Board has decided to remand the case due to inadequate development of evidence regarding the appellant's period of service and VA treatment records. The claim will be reviewed again after obtaining this information.

The Board denied the reopening of a claim for service connection for fibrous dysplasia because new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that the Veteran sustained additional disability associated with acute pancreatitis due to negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing a colonoscopy in February 2007. The claim is granted.

The Board denied the Veteran's claim for nonservice-connected pension benefits as he did not have service in the Republic of Vietnam or during a period of war, and there was no evidence to support his contention of active duty service.

The Veteran's claim for special monthly pension is remanded due to the need for a VA examination to determine if she requires aid and attendance.

The Board denied the appellant's claims for DIC benefits and her attempt to pursue a claim on behalf of her adult children, finding that she was not legally married to the Veteran and did not meet eligibility criteria as his surviving spouse or child.

The Veteran's appeal is denied as he does not have at least 36 months of creditable active duty service after September 10, 2001.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's aortic aneurysm is related to his service-connected lung disability and/or secondary to in-service herbicide exposure. The Veteran will need to undergo a new VA examination.

The Veteran's claim for reimbursement of medical expenses incurred due to a May 2, 2008 non-VA treatment is denied as the application was filed outside the two-year time limit after the date of service.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran due to a lack of evidence showing that they entered into a valid common-law marriage after their divorce in 1984.

The Veteran's schizoaffective disorder with panic disorder is rated at 50 percent from December 30, 2013 to May 31, 2015. The effective date for the increased rating remains December 30, 2013.