Other conditions decisions — 2018

The Board has determined that the Veteran did not have any service-connected disabilities during his lifetime, and his death-causing heart disease was not shown to be related to any disease or injury in service. The claim for service connection for the cause of the Veteran's death is denied.

The Board has determined that the Veteran's death was caused by an anaphylactic reaction to penicillin, which manifested in service and is considered a direct result of his military service.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Veteran's current diagnosis of congestive heart failure with atrial fibrillation is not shown to be causally or etiologically related to any disease, injury, or incident during service.

The Board has granted service connection for atrophic toe nails, callus of the right foot, callus of the bilateral feet, dermatophytosis and onychomycosis. Service connection is denied for xerosis, punctate hyperkeratosis and lipomas.

The Board denied the appellant's claim for retroactive payment of Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35, finding no legal basis for awarding retroactive benefits.

The Board denied the Veteran's claims for service connection for colon and lung disorders, as well as his increased ratings for various disabilities. The effective dates for certain benefits were also not granted.

The Veteran's left wrist disability, residuals of a left radius fracture, has been rated at 10 percent since service connection was established in 1966. The VA examiner found no evidence of limitation of motion or other functional loss that would warrant an increased rating.

The Veteran's right middle finger disorder has been rated at a 10 percent rating, effective from the date of claim.

The Veteran's adjustment disorder is currently rated at 50 percent, reflecting occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. His hypertension has not impacted his ability to work.

The Veteran's thoracic sprain disability warrants a 40 percent rating from June 30, 2011 to September 14, 2011. The Board found that the evidence supported this higher rating based on limitation of motion to 30 degrees or less during this period.

The Board has remanded the case due to the need for an additional examination regarding whether the Veteran's benign prostatic hypertrophy (BPH) is aggravated by his service-connected diabetes and associated complications. The Veteran should be provided with a new opportunity to submit or identify any pertinent treatment records, including those from Laughlin Air Force Base and Dr. S.D.

The case is being remanded for further development, including the completion of a Financial Status Report using the Veteran's current address in Jamesport, Missouri. The claims will be returned to the Board after this action.

The Board has determined that the appellant is not the Veteran's surviving spouse for VA purposes because they did not continuously cohabitate from the date of marriage to the date of his death. The separation was due to factors attributed to both parties, but primarily the appellant.

The Veteran's appeal for a compensable disability rating for soft tissue sarcoma has been withdrawn prior to the Board's decision.

The Board found that the Veteran's psychiatric disorder, including polysubstance abuse disorders, was not proximately due to or the result of a service-connected disability.

The Veteran's left tibia and fibula impairment is productive of functional impairment comparable to nonunion of the tibia and fibula with loose motion requiring a brace. The Board granted a 40 percent rating for this condition.

The Veteran's appeal is being remanded due to procedural deficiencies, including the failure to issue a supplemental statement of the case (SSOC) as required by regulation. The SSOC should address all pertinent evidence and provide consideration of the ongoing increased rating claims.

The Board found that the Veteran's thoracic spine disorder and pleurisy were not incurred or aggravated by service, and thus denied both claims.

The Board has denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she was not married to the Veteran at the time of his death and did not live continuously with him from the date of marriage until his death.