Other conditions decisions — 2019

The Board denied the claim for burial in a VA national cemetery as the service member did not have active duty service and died without becoming disabled from a disease or injury incurred during ACDUTRA.

The Veteran's employment status is unclear, and the Board has asked her to clarify this information.

The Board has granted service connection for bilateral hip replacement (prosthesis) as secondary to the Veteran's service-connected right knee degenerative joint disease, finding that the evidence is at least evenly balanced and resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case due to a duty to assist error, specifically regarding records from the Army Board of Discharge Review related to the decedent's March 2016 request for a discharge upgrade.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's left eye condition, and requests additional medical records and lay statements.

The Board has remanded the case due to incomplete service personnel records and missing service treatment and personnel records. The appellant's periods of active duty, ACDUTRA, and INACDUTRA need to be verified.

The Veteran's claims for an earlier effective date for service connection and special monthly compensation are being remanded due to the inextricability of these issues.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's respiratory condition is related to his military service, including his service in the Gulf War. The Veteran needs a VA examination to determine if he has any current respiratory conditions and their etiology.

The Board has decided that the Veteran's skin disorder, to include keratoses, is related to his service and remanded for further action. The case will be reviewed again after a VA examination.

The Veteran's claims for service connection for soft tissue sarcoma and right foot disorder were denied. The Board found that the evidence did not support a finding of current disability or in-service incurrence, leading to denial. The issues of service connection for peripheral neuropathy and musculoskeletal disabilities were remanded.

The Board is remanding the case to verify whether an overpayment was created when the Veteran received VA compensation concurrently with military drill pay in FY 2015.

The Board has remanded the claims of service connection for athlete's foot and vision disability due to insufficient evidence or lack of examination. The appellant failed to report for a VA examination scheduled in conjunction with his claim.

The Veteran's appeal is REMANDED for additional development regarding service connection and effective dates.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's failure to promptly notify VA of his January 2006 divorce, and not solely because of administrative error. The appeal is denied.

The Board denied a higher pension rate for 2014 because the appellant did not report her long-term care insurance payment until after December 31, 2015. The error in counting medical expenses benefited the appellant.

The Board has decided to remand the case due to insufficient medical evidence and a need for further examination. The Veteran's acquired mental health disorder is being reviewed, but no specific rating or effective date was assigned.

The Veteran's lumbar spine disability is rated at 40 percent, effective January 1, 2014. The Board found that the Veteran’s pain and functional loss during flare-ups resulted in a limitation of flexion to 30 degrees.

The Veteran's claim for a special home adaptation grant was denied because he has already been awarded eligibility to specially adapted housing assistance under 38 U.S.C. § 2101(a) and 38 C.F.R. § 3.809.

The Board has determined that the Veteran's right upper chest condition was incurred during his military service and granted service connection for it.

The Board has decided to remand the Veteran's claim for a compensable rating for bilateral conjunctivitis/blepharitis due to incomplete examination and clarification of symptoms. The issues include whether his photophobia, decreased visual acuity, and decreased peripheral vision are related to his service-connected conditions or his brain tumor.