Other conditions decisions — 2018

The Veteran's service connection claim for disability of the fingers as secondary to his service-connected pulmonary fibrosis is being remanded due to insufficient evidence. A VA examination is needed to determine if the finger disabilities are caused or aggravated by his pulmonary fibrosis.

The Board denied the appellant's claim as she could not be recognized as the Veteran’s surviving spouse for VA purposes due to her divorce, and thus did not meet the legal criteria for recognition.

The Veteran's claims for service connection, special monthly compensation based on the need for aid and attendance, and automotive and adaptive equipment are being remanded due to incomplete service treatment records from his third period of service. The RO must attempt to obtain these records and notify the Veteran if they cannot be obtained.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to nerve damage in his right arm and upper torso is remanded as the VA may have been at fault during a blood draw on April 6, 2011.

The Veteran's claim for service connection for chronic back pain, which began during his active service following a motor vehicle accident (MVA), has been granted. The Board found that the Veteran had a current disability and established a medical nexus between the in-service MVA and the current condition.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for VA benefits at the time of his death. The Veteran died at home without being admitted to a VA facility, so he is ineligible for nonservice-connected burial benefits.

The Board denied the reduction of VA disability compensation due to concurrent receipt of active service drill pay for a period of 35 days in FY 2016, finding that the law disposes of the claim and there is no basis to grant it.

The Board has determined that a VA examination is needed to determine the current nature and likely etiology of any back disability, including scoliosis. The examiner will need to consider whether the Veteran's scoliosis is a congenital defect or disease, and if it was aggravated by service.

The Veteran's right thumb disability, diagnosed as trigger finger, is currently rated at 10 percent. The condition does not warrant a higher rating due to the normal range of motion and pain symptoms.

The Veteran's fibrous dysplasia and degenerative joint disease of the left hip are rated at 40 percent effective from April 15, 2010.

The Board has remanded the case due to the need for further development and consideration of whether DEA benefits should be extended beyond October 4, 2012.

The Board has determined that the appellant's discharge is dishonorable for VA compensation purposes but he is entitled to health care for any service-connected disabilities. The appeal is about determining which disabilities are service-connected and for which the appellant should receive VA health care.

The Veteran's death was not service-connected, and he did not meet the criteria for a plot or interment allowance as his body was not buried in a national cemetery. The claim is denied.

The Veteran's claim for an evaluation in excess of 10 percent for degenerative joint disease of the left foot is remanded due to incomplete VA treatment records and a missed scheduled examination.

The Board has remanded the cases due to insufficient development and the need for a new VA examination and opinion.

The Veteran's claim for pension was granted prior to his death, meeting the criteria for nonservice-connected burial benefits.

The Veteran's cause of death, squamous cell carcinoma of esophagus, is not service connected as it was not incurred in or aggravated by his military service, including exposure to Agent Orange.

The Veteran's claim for service connection for peripheral vascular disease of the bilateral lower extremities is being remanded due to a lack of a VA examination and need for an opinion on whether his current condition was caused or aggravated by leg cramps during service.

The Board denied the appellant's claim for burial benefits and a plot or interment allowance as she did not file her claim within two years of her husband's burial. The appeal is dismissed.

The Board has remanded the case due to a failure to comply with its duty to assist in obtaining the Veteran's Social Security Administration (SSA) records.