Other conditions decisions — 2019

The Board has remanded the case due to uncertainty about whether the Veteran's fourth period of service was active duty or ACDUTRA, and for further development regarding the etiology of his basal cell carcinoma.

The Board has remanded the Veteran's claims for service connection due to allegations of head injuries and aneurysm rupture during active duty. The Veteran is not service-connected for any conditions that would qualify her for financial assistance.

The Veteran's service-connected right middle finger fracture is granted a 10 percent rating, effective December 30, 2014.

The Veteran's appeal is remanded for further development regarding his claim of service connection for heart disease.,The Veteran seeks an increased rating for residuals of shell fragment wound of the pleural cavity, but the Board finds that there is no evidence showing impairment meeting the criteria for a higher rating.

The Board has granted service connection for a skin condition of the neck and scalp, finding that it began during active service.

The Veteran's claims for an earlier effective date for service connection of multiple myeloma and eligibility to Dependents’ Educational Assistance (DEA) under 38 U.S.C., Chapter 35 were denied. The Board found that the June 2013 rating decision denying reopening the claim was final, and there was no new evidence received within one year of this decision. As a result, an earlier effective date for these benefits could not be granted.

The Board has remanded the case due to new evidence submitted by the appellant, including receipts and statements related to final expenses. The matter will be reconsidered with this additional information.

The Board denied compensation under 38 U.S.C. § 1151 for residuals of a January 2009 spinal fusion, finding that the additional disability was not caused by VA's care or treatment and thus did not meet the criteria for compensation.

The Veteran's overpayment of VA compensation benefits is waived due to the creation of the debt being entirely his fault, and collection would cause undue financial hardship.

The Veteran's appeal is remanded due to the need for updated medical records and a VA Aid and Attendance/Housebound examination. The hearing request was deemed withdrawn as the Veteran did not attend the previously scheduled April 2019 Board hearing.

The Board found no evidence that the Veteran's current bilateral foot disorders are related to his service, and denied his claim for service connection.

The appeal is dismissed because the appellant died before the Board could make a decision on their claim for dependency and indemnity compensation as a surviving parent.

The Veteran's appeal for an earlier effective date for service connection of ischemic cardiomyopathy is dismissed due to the death of the Veteran. The Board has no jurisdiction over this matter as it must be referred to the Agency of Original Jurisdiction (AOJ) for further action.

The Board has remanded the case due to deficiencies in the medical opinion regarding the etiology of the Veteran's ovarian cyst condition, specifically whether it is at least as likely as not caused or aggravated by her service-connected status post endometrial ablation with status post hysterectomy.

The Board has granted the Veteran's claims for recognition of his son, B.G.N., as a dependent child and for additional dependency benefits based on school attendance from March 1981 to May 1984. The decision is binding only with respect to the specific matters decided.

The Veteran's back disability, characterized by painful motion with forward flexion to at worst 40 degrees and potential worsening during flare-ups, is rated at 40 percent since April 19, 2013.

The Board has dismissed the appeal for TDIU as it was granted in an October 2019 rating decision.

The Veteran's appeal for additional disability compensation for his son, J.E.R., based on school attendance is denied as the application was not timely filed.

The Board has determined that remand is needed to sufficiently address the Veteran's alternative theory of entitlement for service connection and to obtain an opinion that acknowledges this contention.

The Veteran's claim for service connection for squamous cell carcinoma of the left tonsil, which was previously denied due to lack of new and material evidence, has been reopened. The case is now remanded for further evaluation regarding whether his cancer is related to in-service exposure to herbicide agents.