Other conditions decisions — 2019

The Board found that the Veteran was legally entitled to receive compensation benefits for his spouse and thus, there was no overpayment of VA compensation benefits. The appeal is granted.

The Veteran's service-connected pseudophakia for bilateral cataracts has not been manifested by corrected distance visual acuity of 20/70 in one eye and worse than 20/40 in the other eye, visual field defects, concentric contraction of visual field, diplopia, or symblepharon. Therefore, his claim for an evaluation in excess of 10 percent is denied.

The Veteran's claim for aid and attendance was denied in February 2018, which became final. He filed a new claim on October 15, 2018, and the VA granted it effective from that date. The Board denied an earlier effective date as there is no provision allowing such under current laws and regulations.

The Veteran's claim for SMC based on loss of use of a creative organ was granted effective January 6, 2016. The Board found no legal basis to grant an earlier effective date.

The Veteran's right foot disability is rated at 30 percent prior to July 7, 2017. The appeal for a rating in excess of 30 percent as of July 7, 2017, was denied.

The Board has decided to remand this case due to the need for a clarification of the VA examiner's opinion regarding whether the Veteran’s squamous cell carcinoma and osteoradionecrosis of the jaw are related to service, including exposure to lead, asbestos, or herbicide agents.

The Veteran's daughter seeks retroactive adjustment of pension for calendar year 2016 due to unreimbursed medical expenses, but the claim is denied as there was no pending claim at the time of his death.

The Board has found that further development is needed to determine the current severity and manifestations of the Veteran's service-connected basal cell/squamous cell cancer with actinic keratoses. The case is being remanded for a VA examination.

The Board dismissed the appeal because the Veteran withdrew it before a decision was made.

The Veteran's abscesses and perianal conditions have been asymptomatic throughout the appeal period, resulting in a denial of a compensable rating.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to a left eye disability resulting from June 2013 VA surgery is remanded as the Board concludes an examination of the Veteran is necessary.

The Board has determined that the Veteran's income for 2016 was below the means test threshold for a veteran with one dependent, thus he is eligible for copay exemption in the VA healthcare system.

The Board has determined that the Veteran's timely substantive appeal on VA Form 9 for an earlier effective date for individual unemployability was received in March 2016, and thus grants this claim.

The Board denied service connection for a bilateral thumb disorder as the evidence did not show it was incurred in or aggravated by active service, and there is no link to the Veteran's service-connected carpal and cubital tunnel syndrome.

The Board has remanded the Veteran's claims for service connection for left and right foot disorders, including as due to radiation exposure. The case is being returned for further development of evidence related to the Veteran's claimed radiation exposure.

The Board has decided to remand the case due to incomplete development of records and need for additional medical examination.

The Board denied the Veteran's claims for increased disability ratings for patellofemoral pain syndrome of both knees, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or instability.

The Board denied service connection for a heart disorder, finding that the Veteran's pre-existing heart murmur did not increase in severity during service and is not otherwise related to service.

The Board has ordered a remand due to non-compliance with the January 2018 Board remand directives, specifically regarding pulmonary function test results and an addendum opinion addressing muscle, neurologic, or musculoskeletal manifestations of the Veteran's lung disability.

The Veteran's surviving spouse was granted an aid and attendance allowance, but died before any benefits were paid. The Appellant claimed as the Veteran's son and bore the cost of his mother's funeral. The Board found he met the criteria for accrued benefits.