Other conditions decisions — 2019

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because the infection was a known risk of total hip arthroplasty and adequately disclosed in the informed consent form signed by the Veteran.

The Board denied an initial compensable rating for bilateral vitreous degeneration, finding no impairment other than occasional floaters resulting from the condition.

The Board has decided to remand the case due to an inadequate examination in the previous decision, and a new examination is needed.

The Board has decided to remand the issue of service connection for dizziness due to insufficient medical opinions and need for additional development.

The Veteran's lung cancer is presumed to have been caused by his herbicide exposure in service, and the claim for cause of death is granted.

The Veteran's appeal is dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's neck disorder is related to her active service.

The Veteran's current neck condition is remanded for a VA examination to determine if it is related to his in-service injury, as the record does not include a VA medical opinion on this issue.

The appeal was dismissed due to the appellant's death.

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

The Veteran's claim for service connection for chronic joint pain is remanded due to insufficient medical opinions and missing records. The Board requests additional examination and review of the claims file.

The Board has remanded the Veteran's claims for Waldenström’s macroglobinemia and anemia with fatigue due to radiation exposure. The claim will be developed further, including obtaining a dose assessment.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined disability rating of 50 percent did not meet the threshold minimum percentage rating requirements for TDIU. The Board also found insufficient evidence to support a grant of TDIU.

The Board has remanded the case due to insufficient information regarding whether VA's care and treatment of the Veteran contributed to his death. The Appellant contends that the Veteran’s death was caused by negligent VA treatment following surgery performed on his right ear.

The Veteran's claim for an increased rating in excess of 0 percent for a fracture of the right hand is remanded due to inadequate examination and failure to address flare-ups.

The Board denied the reduction of compensation benefits due to incarceration for a felony conviction, finding that the reduction was proper under VA laws and regulations.

The Board denied an initial evaluation in excess of 10 percent for degenerative joint disease of the right ankle, finding that the Veteran's symptoms did not warrant a higher rating based on functional loss or additional limitation of motion.

The Veteran's daughter-in-law filed a claim for additional accrued benefits, including costs associated with the Veteran’s last illness. However, the claim was denied as it was not received within one year of the Veteran's death and no additional expenses were claimed.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that their marriage was terminated by divorce prior to the Veteran's death and thus did not meet the legal requirements.

The Veteran's left hip disability, including degenerative joint disease and limitation of extension, is rated at 10 percent. The TDIU claim from September 1, 2008 to February 21, 2009 is granted.