Other conditions decisions — 2019

The Veteran's C7 cervical fracture residuals are currently rated at 30 percent disabling from January 28, 2019. The appeal is denied as the criteria for a higher rating have not been met.

The Board dismissed the Veteran's motion to revise or reverse on the basis of clear and unmistakable error (CUE) in their June 6, 2019 decision. The motion was dismissed without prejudice.

The appellant is not eligible for Chapter 35 Dependents' Educational Assistance (DEA) benefits because she was over the age of 25 when her stepfather became permanently and totally disabled.

The Veteran died in September 2016 and was not service-connected for any disability at the time of her death. The appellant seeks nonservice-connected burial benefits, but these are denied as there is no pending claim for VA compensation or pension at the time of her death.

The Board denied the Veteran's claims for service connection for left and right lower extremity disorders, finding no current diagnoses of these conditions.

The Veteran's menopause is denied as less likely than not related to service and was not caused or aggravated by her service-connected status post laparoscopy with lysis of peritoneal, left ovary and fallopian tube adhesions.,Service connection for a disability manifested by abdominal pain with discomfort and distress is remanded due to the need for additional medical opinions regarding the relationship between the Veteran's July 2010 hysterectomy and her current symptoms.

The Board dismissed the issue of recognizing J.H. as the Veteran's spouse for additional dependency compensation because it was granted in a previous decision and VA recognized her as his spouse.

The Veteran's stepchildren, J. and K., were added as dependents to his VA disability compensation award effective December 21, 2016. The Board denied an earlier effective date.

The Board denied the appellant's claim for VA benefits due to a voided enlistment based on fraudulent concealment of a civil court conviction, which would have prevented his enlistment. The character of discharge is considered dishonorable and thus bars eligibility for VA benefits.

The Veteran's application to reopen his previously denied claim for service connection for obstructive pulmonary disease (claimed as lung problems) has been successful. The case is remanded due to the need for a new VA examination and further development.

Service connection for a tooth condition, left ear infection, and skin abrasions on the left side of face is denied.,There is no evidence of diagnosed conditions or service connection established.

The Veteran's cause of death is denied as there is no service connection for the cause of his death, and acute myelogenous leukemia is not considered a disease associated with herbicide exposure. The Board finds that service connection based on direct service connection or continuity of symptomatology is not warranted.

The Board has decided that the earliest claims for additional compensation due to recognition of S.W. as the Veteran’s dependent spouse and H.W. and C.W. as his dependent children were on March 8, 2016. The appeal is remanded for clarification regarding when T.W., who is a school-aged child, began his course of study at Cobleskill-Richmondville Central School.

The Veteran withdrew his appeal due to settling the overpayment debt, and the Board dismissed the case.

The Board denied the Veteran's claim for service connection for a bilateral foot disorder, finding that there was no evidence of a chronicity of symptomatology from the time of service to the present and noting that arthritis did not manifest within one year of discharge. The preponderance of the evidence is against the claim.

The Board has remanded the case due to insufficient medical opinion regarding the cause of death and whether service-connected PTSD aggravated a lung disorder resulting in death.

The Veteran's Merkel cell carcinoma is found to be at least as likely as not related to his exposure to contaminated water at Camp Lejeune, and service connection for this condition is granted.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has granted the Veteran's claim for service connection for right calf muscle atrophy, finding that it is secondary to his service-connected right ankle disability.

The Veteran's claim for higher SMC based on need other than aid and attendance is being remanded due to the need for additional records from Social Security Administration.