Other conditions decisions — 2019

The Board has remanded the claims for service connection for right and left leg restless leg syndrome, as well as obstructive sleep apnea due to conflicting evidence of a current diagnosis and need for further evidentiary development.

The Board has determined that new material evidence has been received to reopen the claims for service connection for a hip disorder and lung nodes. The cases are being remanded for further development.

The Veteran's cardiovascular disorder was not shown in service or for many years thereafter and is not otherwise etiologically related to his active duty service, including exposure to toxic herbicide agents and as secondary to his service-connected diabetes mellitus.

The Board denied the veteran's claim for nonservice-connected pension benefits because he did not have active service to qualify.

The Board denied the Veteran's claim for nonservice-connected pension benefits due to his excessive net worth, which was determined to be sufficient to meet his living expenses and a bar to veterans' pension benefits.

The Veteran's claim for a gastrointestinal disability was denied as it is considered a symptom of his service-connected CVID syndrome. The current rating for the CVID syndrome with secondary recurrent pneumococcal pneumonia and giardiasis remains at 60 percent prior to May 10, 2019, but increased to 100 percent from that date onwards.,The Veteran's claims for service connection of sleep disorder/sleep apnea, hypertension, GERD, and a higher rating for his mood disorder secondary to variable immunodeficiency with depressive and anxious features are all pending.

The Veteran's request for an extension of the delimiting date beyond April 6, 2016, for education benefits under the Montgomery GI Bill was denied because he did not submit a valid request within one year of when his original period of eligibility ended or within one year of the date he could continue training.

The Board has determined that the Veteran's claims for higher initial ratings, service connection, and reopening of a claim are remanded due to new examinations being required. The issues of service connection for fibromyalgia (Gulf War illness) and whether new and material evidence has been submitted sufficient to reopen the claim for service connection for left foot pes planus have also been remanded.

The Veteran did not have any pending claims for additional compensation at the time of his death, and therefore there were no accrued benefits to be paid. The claim for accrued benefits was denied.

The Board has determined that the Veteran's back spasms and thoracic myofascial strain are related to his active service, granting service connection for these conditions.

The Board has granted service connection for restless leg syndrome and an initial rating of 30 percent for left foot heel spur, both with the maximum schedular ratings under their respective diagnostic codes.

The Board has decided to remand the case due to an inadequate medical opinion regarding the cause of the Veteran's death, specifically whether Buerger's disease is related to peripheral vascular disease. The VA will obtain a new medical opinion and then readjudicate the claim.

The Board has determined that the issue of the propriety of the grant of an apportionment of the Veteran's VA benefits to D.W., including on behalf of E.R., C.R., and N.R., is not ripe for appellate review as all steps necessary to ensure the procedural and due process rights of the parties have not been completed. The Board finds that remand is necessary in order to ensure that the Veteran’s outstanding Decision Review Officer (DRO) hearing request is fulfilled.

The Veteran's child, S.W., receives additional disability compensation. The appellant is granted a special apportionment of the Veteran’s VA benefits in the amount of this additional compensation.

The Board found that the August 21, 1985 rating decision denying service connection for a sleep disorder was not clearly and unmistakably erroneous. The Veteran's claim was denied because there was no evidence showing that the sleep disorder existed prior to service or was aggravated by service.

The Veteran's claims for service connection were granted for necrosis of the right and left femoral heads as secondary to diabetes mellitus, type II. The respiratory disorder claim was reopened but not fully resolved. Other issues remain pending.

The Veteran's cause of death, squamous cell carcinoma of the tongue with metastasis, is considered to be related to his exposure to herbicide agents during service in Vietnam. The Board granted service connection for the cause of death due to Agent Orange exposure.

The Board has granted service connection for residuals of a hysterectomy, effective May 11, 1988. The Veteran is also eligible for special monthly compensation (SMC) for loss of use of a creative organ.

The Board denied the Veteran's claim for service connection for an esophageal condition, finding that it was not related to his service-connected cervical spine disability.

The Board denied the appellant's claim for accrued benefits in excess of $250, as she is not eligible to receive such benefits due to her age and lack of documentation showing personal expenses incurred for her mother's last illness or burial.