Other conditions decisions — 2018

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for the merits of the claim.

The Veteran's appeal was dismissed due to the death of the appellant, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has restored the Veteran's 100 percent disability rating for his service-connected post middle lung lobectomy with lower lobe wedge resection for bronchoalveolar carcinoma, finding that the reduction was improper and resolving reasonable doubt in favor of the Veteran.

The Veteran's appeal for medical expense reimbursement has been dismissed due to their death.

The Board has determined that the Veteran's right and left leg tarsal tunnel syndrome are at least as likely as not related to his service-connected degenerative disc and joint disease of the lumbosacral spine, thus granting service connection for both conditions.

The Veteran's countable income exceeded the VA maximum annual pension rate for a Veteran with no dependents from November 1, 2010 to December 1, 2011. The Veteran's nonservice-connected pension benefits were discontinued due to excess income.

The Veteran's son was denied accrued benefits as he did not qualify as a child under the applicable regulations.

The Board denied a compensable rating for the Veteran's post-operative right inguinal hernia repair with residual scar, finding that there was no recurrent or current hernia and attributing the pain to a non-service connected scrotal hydrocoele.

The Board denied the Veteran's claims of entitlement to benefits under 38 U.S.C. § 1805 for a child born with spina bifida and 38 U.S.C. § 1815 for a child born with birth defects, finding that new and material evidence had not been received to reopen the claims.

The Veteran seeks service connection for a skin condition, which he claims is related to his military service and herbicide exposure. The case has been remanded due to the need for further development and consideration of new evidence.

The Board has decided that the Veteran's claim for special monthly compensation based on anatomical loss of the right breast should be remanded due to a pending service connection claim for residuals of breast cancer. The case will be returned to the AOJ for adjudication.

The Board found that there was no clear and unmistakable error in the January 2007 rating decision, which granted service connection for the cause of death effective September 1, 2005. The appellant's initial claim for burial benefits did not include a request for service connection for the cause of death.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his left hip disability since March 1, 2016. The issue of special monthly compensation (SMC) under 38 U.S.C. § 1114(s) from March 1, 2016 forward is deferred at this time.

The Board has determined that the Veteran's cause of death was not related to his active military service, including exposure to asbestos or non-ionizing radiation. The Board also found no evidence of VA negligence in diagnosing and treating the Veteran.

The Board has determined that the Veteran's right hip disability warrants a rating of 90 percent from May 20, 2015. The Veteran is also granted TDIU based on his service-connected disabilities.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining outstanding treatment records. The Veteran's claim of service connection for a brain tumor will be reconsidered after these actions.

The Board has remanded the case for additional development, including obtaining service personnel records and attempting to locate any Vietnam service. The claim will be reconsidered after these actions.

The Board has determined that the Veteran's claimed prostate disorder, including hematuria, hematospermia, and benign prostatic hypertrophy (BPH), is not related to his active service or presumed herbicide exposure. As such, the claim for service connection is denied.

The Veteran's service-connected status post left foot second metatarsal fracture is rated at a 10 percent since May 20, 2006.