Other conditions decisions — 2019

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's meningioma is related to his service, specifically chemical exposure and ionizing radiation. The Veteran needs a VA examination to determine if his current condition could be linked to these exposures.

The Veteran's daughter, the appellant, requested additional educational assistance benefits under the Dependents’ Educational Assistance (DEA) program to complete her dental school course of study. The Board denied this request as there was no evidence showing that she required special restorative training or had a physical or mental disability qualifying for special assistance under the DEA program.

The Board has decided to remand the Veteran's claims for an initial compensable disability rating for ilio-inguinal left lower extremity nerve injury and entitlement to a TDIU due to service-connected disabilities. The Veteran needs further examination, and all pertinent records should be obtained.

The Veteran was granted a TDIU on an extraschedular basis from March 9, 1998 to February 27, 2006 and on a schedular basis from February 28, 2006 to April 5, 2006. The decision is mixed as some issues were granted while others were denied.

The Veteran's laryngeal cancer with hoarseness residuals is rated at 30 percent, the maximum rating available under DC 6516.

The Board has decided that the Veteran's shrapnel wounds in both arms are not service-connected, and has ordered a remand for further examination to determine if any current scars or retained foreign bodies are related to service.

The Board has identified new evidence that needs to be reviewed by the AOJ before a decision can be made on the Veteran's claim for special monthly compensation (SMC). The Veteran will need an aid and attendance examination, and the AOJ must consider all added evidence when readjudicating the case.

The Board has granted service connection for the cause of the Veteran's death, finding that the evidence is at least in equipoise as to whether pneumonia, which contributed to the Veteran’s death, was incurred in or related to his active service.

The Veteran's service-connected bilateral foot disabilities are being remanded for a new VA examination to assess the current severity of his conditions, as there are no relevant contemporaneous medical records documenting their current severity.

The Veteran's claim for VA pension benefits was denied due to excessive income. The Board has ordered a remand to determine if there were any unreimbursed medical expenses that could offset his countable income.

The Board has remanded the claims for left iliotibial band syndrome, insomnia, right elbow disability, and right hand disability due to additional evidence being added to the record. The Veteran is required to provide a VA examination to determine the nature and etiology of these conditions.

The Board has determined that a VA examination is needed to clarify the Veteran's right foot disabilities and determine if they are related to his in-service injury. The appeal will be remanded for this purpose.

The Board has granted an apportionment of the Veteran's VA benefits that were not paid to him during his period of incarceration, finding that the appellant demonstrated individual need and that granting the apportionment is not prejudicial to the Veteran.

The Board denied the Veteran's claims for service connection for a laparoscopic incisional hernia, acute post-operative ileus associated with varicose veins, and acute cholecystitis and sepsis with bacteremia, finding that these conditions are not related to active service or any incident of service, including as due to a service-connected disability.

The Veteran's claim for service connection for status post bilateral spontaneous pneumothorax, also claimed as chronic chest pain, has been reopened. The case is remanded due to the need for additional evidence and an addendum opinion regarding his asthma claims.

The Board has reopened the claim for service connection for a skin disability due to new and material evidence submitted by the Veteran's wife. The case is remanded for further consideration.

The Veteran's gastrointestinal disorder, including gastritis, is denied as not related to his service.

The Board denied the reduction in VA disability compensation for military drill pay due to a lack of entitlement under the law, as there is no basis to grant this appeal.

The Board has decided to remand the cases for further action due to insufficient medical opinions and potential need for a VA examination.

The Board has granted SMC at the rate provided under 38 U.S.C. § 1114(m) effective June 29, 2012 and SMC at the rate provided under 38 U.S.C. § 1114(n) effective October 18, 2016 for anatomical loss of the left leg so near the hip as to prevent use of a prosthetic appliance with loss of use of the left hand.