Other conditions decisions — 2019

The Veteran's right elbow bone spur claim is remanded for further development. The gastrointestinal/digestive condition claim has been reopened and requires new evidence to be considered. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.,Additional VA examinations are needed, including one for the October 2018 surgery on the right elbow and any relevant private treatment records.

The Board has remanded the Veteran's claims of service connection for left hand and forearm disabilities due to a lack of an adequate opinion regarding whether these conditions are aggravated by his service-connected ischemic heart disease.

The Veteran's initial compensable rating for pseudotumor cerebri with optic disc edema, papilledema has been increased to 10 percent effective April 1, 2019. The Board is remanding the case due to outstanding treatment records that need to be obtained and reviewed.

The Veteran's cause of death was listed as aspiration pneumonia and cerebral vascular accident with contributory causes listed as chronic debility and chronic obstructive lung disease. The Board found that the preponderance of evidence is against a finding that any service-connected disability caused or contributed to his death.

The Veteran's appeal for an increased disability rating for his service-connected pectoralis major muscle transfer was denied. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

The Veteran's appeals for increased evaluations and service connection have been remanded due to the need for further examination or development of evidence.

The Veteran's claims for service connection for a nerve disability and bladder dysfunction secondary to his service-connected back disability have been denied. His claim for an increased rating for ankylosing spondylosis has also been denied.

The Board has decided to remand the case due to a need for issuance of a Statement of the Case (SOC) as it is not clear if this claim will continue under the legacy system or the appeals modernization act (AMA) system. The appellant elected the AMA system after an initial AOJ decision issued on February 15, 2019.

The Board has reopened the appellant's claim regarding his character of discharge due to a serious offense, and found that new evidence supports reopening the case. The appellant was discharged under Other Than Honorable Conditions (OTH) for AWOL and civil conviction.

The Veteran withdrew his appeal for TDIU, and the Board dismissed it.

The Veteran died in November 2018, and the appellant was not married to him at that time. Therefore, she cannot be recognized as his surviving spouse for VA benefits.

The Veteran's pulmonary fibrosis is granted as service connected due to presumed exposure to herbicide agents during his service in the Republic of Vietnam.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring an addendum opinion from an appropriate clinician regarding whether the Veteran's mild acromioclavicular joint degenerative disease in his shoulders is part of the migratory arthritis process and whether other joints are affected by migratory arthritis.

The Board denied the claims for service connection for the cause of the Veteran’s death, nonservice-connected death pension benefits, and accrued benefits due to a lack of evidence confirming the Veteran's death at the time of the AOJ decision.

The Board has determined that there is new and relevant evidence received after the final denial of service connection for bilateral hand/finger disability, bilateral arm disability, and bilateral neurological disability of the upper extremities. These claims are therefore remanded for further review.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits due to lack of eligibility. The claim is denied.

The Veteran's appeal is denied as there was no timely claim for additional compensation based on school attendance, and the effective date cannot be earlier than September 26, 2018.

The Board has decided to remand the case due to incomplete file and the need for additional documentation from the appellant.

The Board has remanded the Veteran's claim for service connection for a lower back condition, including scoliosis and spondylitic defect of the lumbar spine. The case is being returned to the AOJ for further action, including obtaining additional medical records and providing the Veteran with another opportunity to provide evidence.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.