Other conditions decisions — 2018

The Veteran's claim for a higher rating for his right foot disability is granted, but the issue of service connection for a lumbar spine disability is remanded.

The Veteran's surviving spouse did not meet the income requirements for death pension benefits as her countable income exceeded the maximum annual pension rate.

The Board is remanding the case to determine if the Veteran's separation from service prior to his service obligation date qualifies for an exception to the general rule that failure to complete the service agreed to in accordance with the terms of the agreement of the individual under individual under 38 U.S.C. § 3319(b)(1) will result in an overpayment of educational assistance benefits used by a transferee.

The Board has remanded the Veteran's claims for shin splints of both lower extremities due to outstanding private treatment records and an addendum opinion regarding the etiology of his current shin splints.

The Veteran's spouse is seeking reimbursement for last sickness and burial expenses. The Board has decided to remand the case due to insufficient evidence provided by the appellant regarding specific expenses.

The Board denied service connection for HIV infection and residuals, finding that the evidence did not support a link between the condition and active duty service.

The Veteran's left hip disability is granted a 10 percent rating for flexion, but denied an increased rating in excess of 10 percent for limitation of adduction.

The Board is unable to determine if the overpayment debt of $5,898.62 was properly created due to a change in dependency status and will need further review.

The Board has remanded the case due to uncertainty regarding whether the Veteran is currently using illegal drugs and the basis for her competency issues. The case will be returned for a new VA examination to determine if she has the mental capacity to manage her affairs, including financial matters.

The Veteran's death was not service-connected, and therefore the claim for burial benefits is denied.

The Board has decided that additional development is needed due to uncertainty about the etiology of the Veteran's myelofibrosis and myelodysplastic syndrome, which may be related to herbicide exposure in Vietnam or potential exposure to toxins at Fort McClellan, Alabama.

The Veteran's TDIU claim is remanded due to new evidence added since the last decision and a missed DRO hearing. The appeal will be readjudicated by the AOJ.

The Board has granted an effective date of December 11, 2007 for service connection of schizoaffective disorder. However, the matter of basic eligibility to Dependents' Educational Assistance (DEA) is remanded due to inextricably intertwined issues.

The Veteran's claim for an earlier effective date for the grant of service connection for a ventral hernia was denied. The Board found that the earliest date entitlement could have arisen is November 2007, but the date of the Veteran's claim for service connection was August 10, 2008.

The Board has reopened the previously denied claims for service connection for sleep impairment, diffuse joint pain, and muscle deterioration as due to an undiagnosed illness or other qualifying chronic disability. The evidence submitted since the April 2002 rating decision raises a reasonable possibility of substantiating these claims.

The Board denied the Veteran's claim for service connection for bilateral shin splints as there was no evidence of a diagnosis or in-service injury related to this condition.

The Board has decided to remand the Veteran's claims for service connection and special monthly compensation based on aid and attendance due to insufficient evidence regarding the etiology of his claimed memory loss.

The Veteran's claim for a compensable rating for periodontal disease is dismissed because he withdrew his appeal. The Board denied service connection for deep vein thrombosis as the evidence does not show it was incurred in or aggravated by active duty.

The Veteran's dental disability, including loss of teeth and gum disease, is not considered a compensable disability by VA. The Board denied service connection for these conditions as they are not covered under VA compensation policies.

The appeal for a total disability rating due to individual unemployability (TDIU) as a result of service-connected disabilities has been dismissed because the appellant requested withdrawal prior to the decision being made.