Other conditions decisions — 2018

The Veteran's gastric and neurologic symptoms are not currently decided, as the etiological development for each set of symptoms is lacking. The VA needs to obtain relevant records from SSA and provide an opinion on the etiology of the neurologic symptoms.

The Board denied the Appellant's claim for DIC, death pension, and accrued benefits as a surviving spouse due to her divorce from the Veteran in 1979. The threshold criteria for designation as a 'surviving spouse' were not met.

The Veteran's claim for an increased evaluation of his mycosis fungoides status post cutaneous T-cell lymphoma is being remanded due to the need for additional development, including obtaining records and issuing a new VA examination.

The Board found that the Veteran's eye condition did not clearly and unmistakably exist prior to service, nor was it aggravated by service. Therefore, the claim for service connection for an eye disability is denied.

The Veteran does not have a current tumor of the left latissimus dorsi muscle. The benign tumor was excised before the claim was filed, and there is no evidence of recurrence.

The Board has determined that there is no current diagnosis of gastroenteritis and the Veteran's symptoms are better explained by his service-connected Crohn's Disease. Therefore, the claim for service connection for gastroenteritis is denied.

The Veteran's service-connected left eye macular degeneration, rated at 70 percent disabling since June 21, 2011, has rendered him unable to secure and follow substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU) due to the effect of his visual disability.

The Board has reopened the claim for service connection for bilateral hip bursitis and granted it. The Veteran's mechanical lower back pain with scoliosis is currently rated at 10 percent, but the Board denied an increased rating.

The Board has determined that the Veteran's perforated diverticulitis status post sigmoid colectomy, colostomy, and abdominal closure with dehiscence and evisceration was caused by an event not reasonably foreseeable. As such, compensation under 38 U.S.C. § 1151 is granted.

The Veteran's appeal for service connection for metastatic choriocarcinoma has been dismissed due to the death of the claimant.

The Veteran's claim for an increased rating for hematuria is being remanded due to the possibility of worsening symptoms since his last VA examination in November 2013. The case will be returned to the RO for further development and readjudication.

The Veteran requested to withdraw his appeal for entitlement to nonservice-connected pension benefits, and the Board has dismissed the appeal as a result.

The Board dismissed the appeal due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's spouse seeks an extension of the delimiting date for Dependents' Educational Assistance benefits due to not being aware of the benefits at the time of her marriage and that caring for him prevented her from attending school earlier during her eligibility period. The Board finds no legal authority to extend the delimiting date beyond December 12, 2013.

The Veteran's service connection claims for residuals of cold injuries to the bilateral upper and lower extremities are granted as his symptoms are related to his service.

The Board denied the Veteran's claims for service connection for left and right foot arthritis, as well as atrial fibrillation. The Board found that there was no current diagnosis of these conditions and that they were not related to active duty service.

The Veteran's appeal regarding the reduction of his disability rating for bilateral hearing loss from 80 percent to 50 percent, effective July 1, 2016, has been dismissed due to the death of the Veteran.

Your appeal has been dismissed because the Veteran died during the pendency of your appeal.

The Veteran's appeal for special monthly compensation (SMC) based on the need for regular aid and attendance or being housebound has been dismissed due to his death.

The Board has determined that the SOC issued in October 2016 is materially defective and does not provide appropriate due process. The case is being remanded to issue a corrective supplemental statement of the case (SSOC). Additionally, the AOJ should obtain and associate with the claims file any outstanding IVM documents from 1997.