Other conditions decisions — 2019

The Board has determined that the withholding of VA compensation in the amount of $7,239.17 was incorrect due to an error in calculation and remanded for recalculation.

Your appeal is dismissed because the rating decision was issued before the Appeals Modernization Act took effect, and no SOC was issued after February 19, 2019.

The Veteran's claims for increased ratings for pelvic/coccygeal fracture, limitation of extension of the left and right thighs, and limitation of flexion of the left and right thighs have been denied. The Board found that there was no evidence showing that the Veteran had any limitation of motion in these joints to a degree warranting higher ratings under applicable VA rating criteria.

The Board has determined that the Veteran does not have a current left leg disability related to her military service and therefore denied her claim for service connection.

The Board has remanded the case to consider whether there was clear and unmistakable error in a previous rating decision denying DIC based on service connection for the cause of the Veteran's death. The proper effective date is also deferred until this issue is resolved.

The Board has decided to remand the case due to the need for additional development, including obtaining VA treatment records and providing a medical opinion regarding the cause of the Veteran's cholangiocarcinoma.

The Veteran's SLE and Raynaud’s Syndrome are being remanded for further evaluation due to overlapping symptomatology, resulting in potential pyramiding.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination. The neck condition is being examined again, as well as the left arm numbness which may be related to his right shoulder strain.

The Veteran's claim for an initial rating in excess of 60 percent for her service-connected herpes zoster has been denied as she is already receiving the maximum schedular rating.,Her entitlement to a higher rating for her right knee disability remains pending, and further examination is required to assess functional loss due to pain, weakness, fatigue, etc.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's cardiomyopathy is caused or aggravated by his service-connected bronchial asthma with COPD, specifically the use of bronchodilators.

The Veteran's appeal of the award of attorney fees to D.K. based on past due benefits granted in a January 2016 rating decision is granted.

The Veteran's claim for additional dependency benefits for his spouse and three minor children was granted with an effective date of July 15, 2014. However, there is confusion about when the addition of his four dependents should have been considered. The Board has ordered a remand to clarify this issue.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's right hip disorder. The Veteran is seeking service connection for his current condition, which includes pain and weakness in his thigh area.

The Veteran's bilateral foot calluses are considered a current disability that began during service and is related to the in-service plantar callouses. The Board granted service connection for these conditions.

The Board has found that the Veteran's lower left arm disability is at least as likely as not related to his injury in service and granted service connection for this condition.

The Veteran's appeal for an earlier effective date for the grant of total disability rating based on individual unemployability (TDIU) is denied as his claim has become final.

The Veteran's unauthorized medical expenses at Riverwood Health Care Center from October 11, 2013 to October 17, 2013 are granted as his condition was an emergency and VA facilities were not feasibly available.

The Board has remanded the case due to inadequate development and lack of a clear rationale for the opinions provided. The Veteran's claim will be further developed with an appropriate VA examination.

The Board has remanded the case due to non-compliance with previous directives, including obtaining VA treatment records and SSA medical records. The Veteran is also required to undergo a new VA examination for his left shoulder disability.

The Board has decided that additional development is needed to determine the Veteran's need for aid and attendance and housebound status due to his service-connected disabilities, as well as his receipt of Social Security Administration benefits.