Other conditions decisions — 2019

The Veteran's claim for an increased rating for his service-connected residuals of fracture to the left foot was granted, with a 20% rating effective from November 24, 2017. The decision also denied a higher rating prior to that date.

The Board has decided to remand the case due to incomplete records and the need for a VA opinion regarding the cause of the Veteran's death. The appellant is seeking service connection for the cause of her husband’s death, which was attributed to mediastinal mass and pericardial effusion.

The Board has decided to remand the case for a VA examination to address whether the Veteran's gynecological disorders are related to her active service, including IBS and menorrhagia.

The Veteran's helpless child, L.L., is being remanded for further development to determine if her disability rendered her incapable of self-support prior to the age of 18.

The Board denied the Veteran's claim for service connection for a stroke, finding that there is no current diagnosis of a stroke or its residuals.

The Board denied the Veteran's claim for Dependency and Indemnity Compensation (DIC) in April 2011. The Appellant did not appeal this decision, making it final. The Appellant filed a new application to reopen her DIC claim on November 20, 2014, but no earlier claims were found. Therefore, the effective date for the DIC award is set at the date of receipt of the new application, which was November 20, 2014.

The Board denied service connection for a left eye disability and dental conditions due to lead paint exposure, finding that the evidence did not support a link between these disabilities and service. The Veteran's current diagnoses of cataracts and periodontal disease were found to be unrelated to his in-service exposures.

The appeal was dismissed because the appellant requested to withdraw their appeal before a decision could be made.

The Board has remanded the Veteran's claims for an increased rating for ulcerative colitis and a TDIU due to service-connected disabilities. The Veteran is seeking higher ratings for her ulcerative colitis, which was rated at 30 percent prior to May 9, 2008. The issue of entitlement to a TDIU has also been raised as part of the increased rating claim.

The Veteran's appeal is about the December 1960 rating decision that granted service connection for a gunshot wound, healed, right thigh injury to muscle group X and assigned an initial disability rating of 10 percent. The Board has decided to remand this case due to procedural issues.

The Board dismissed the appeals regarding three issues: a compensable rating for posterior head numbness residuals of basilar tip aneurysm, a rating in excess of 50 percent for a right temporal/occipital stroke, and a total disability rating based on individual unemployability due to service-connected disabilities prior to November 1, 2014. The Veteran withdrew his appeals before the Board could make a decision.

The Veteran's cause of death was granted service connection, and the appellant is a surviving parent. However, her income falls between $6,400.00 and $14,636.00, resulting in a monthly DIC benefit of $5.00 per month.

The Board denied the appellant's appeal because his discharge from service was under other than honorable conditions, which is a statutory bar to VA benefits. The appellant did not provide sufficient evidence of insanity at the time of his offenses.

The Board denied the veteran's claim for non-service-connected disability pension benefits because his service in the Army National Guard did not qualify him as a 'veteran' under VA regulations, and he was therefore ineligible for these benefits.

The Veteran is granted an initial disability rating of 10 percent for loss of sense of smell, the maximum available under Diagnostic Code 6275. The condition is considered to be a direct result of head injury due to exposure to multiple IED blasts during service.

The Board dismissed the appeal regarding the waiver of overpayment because there were no allegations of error in the decision.

The Board has granted a waiver of recovery for an overpayment of VA improved pension benefits, finding that the Veteran's failure to report his wage income contributed to the creation of the debt and that repayment would cause undue financial hardship.

The Board has determined that the medical expenses incurred at Mayo Clinic from March 27, 2014 to March 28, 2014 are eligible for payment or reimbursement due to the Veteran's condition being an emergency and VA facilities not being feasibly available.

The Board has granted a waiver of recovery for an overpayment in the amount of $1,096.41 due to concurrent receipt of active service pay and VA disability compensation. The decision is based on findings that collection would cause undue hardship.

The Veteran's adjustment disorder with mood changes is productive of occupational and social impairment with reduced reliability, warranting a 50% disability rating from March 1, 2010 to June 29, 2016.