Other conditions decisions — 2019

The Board has determined that the Veteran's periods of service need to be re-evaluated in light of the expanded definition of active duty under Pub. L. No. 111-377, and requests have been made to DoD for clarification.

The Board has granted service connection for cardiomyopathy, status/post myocardial infarction as secondary to service-connected chronic kidney disease with hypertension.

The Board denied the appellant's claim for an earlier effective date for survivor's pension as a helpless child due to lack of timely submission of an informal claim, and the denial was final.

The Veteran's service is not considered qualifying wartime service, thus he does not meet the basic eligibility requirements for VA nonservice-connected pension benefits.

The Veteran's ulcerative colitis rating is being remanded due to the need for a determination of the most appropriate Diagnostic Code and consideration of his current digestive issues.

The Board found that the overpayment of VA compensation benefits in the amount of $1,458.63 was properly created and denied the appeal.

The Veteran's thymoma carcinoma is remanded for a VA examination to determine if it is related to his presumed herbicide exposure during service.

The Board denied the appellant's claim for VA burial benefits, including a plot or interment allowance, as new and material evidence was not received to reopen the claim.

The Board has granted the Veteran's request to reopen his previously denied claim of service connection for post-operative removal of a lump on his left side of neck. The issue is remanded for further development, including an examination.

The Board has ordered a remand for the VA to obtain additional medical opinions regarding the Veteran's treatment of venereal warts with condylomas, specifically addressing whether any systemic therapy was administered. The current rating for this condition remains pending.

The Veteran's death does not qualify for VA burial benefits as he did not have a pending claim and his body was properly disposed of by the appellant, who is his former spouse.

The Board has granted service connection for photophobia, finding that the evidence is at least in equipoise as to whether the Veteran's condition is related to his active duty service.

The Board found that the appellant's discharge was due to willful and persistent misconduct, not a minor offense. The appeal is denied as his service character is dishonorable.

The Board found that the Appellant does not qualify as the Veteran's surviving spouse for purposes of entitlement to DIC due to their valid divorce prior to the Veteran's death in October 2005.

The Veteran's claim for TDIU is remanded due to the need for updated VA treatment records, medical records from his current employer regarding 'sickness' benefits, and any disability retirement records from the RRB. The Veteran's employment status must also be confirmed.

The Board has found that additional development is needed prior to final adjudication of the issue on appeal, including a new VA examination and clarification regarding ankylosis in the left wrist.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's skin disorder is related to his military service.

The Veteran's right ankle disability was granted an initial 20% rating effective January 23, 2012.,An initial 20% rating for the left ankle disability was granted effective September 30, 2014.

The Board has granted the Veteran's claim for service connection for atrial fibrillation, making the appeal moot.

The Board has remanded the case due to a failure to obtain relevant VA treatment records from February 2009 until the Veteran's death in September 2009. The appellant and the AOJ are required to identify and obtain these records.