Other conditions decisions — 2019

The Board has decided that additional development is needed for the Veteran's claim of a rating in excess of 70 percent for her service-connected cyclothymic disorder and adjustment disorder with mixed disturbance of mood.

The Veteran's obsessive-compulsive personality disorder is not considered a disability for VA compensation purposes, and therefore service connection cannot be established.

The Board denied the claim as the appellant's character of discharge is a bar to VA benefits other than health care under Chapter 17, due to willful and persistent misconduct.

The Board has decided to remand the Veteran's claims for service connection for bilateral lower extremity disorders due to incomplete STRs and the need for a VA Gulf War examination.

The Board has granted an effective date of March 13, 2016 for the reduction of the Veteran's disability compensation benefits due to his felony incarceration. The preponderance of evidence supports this decision.

The Veteran's claim for an increased rating in excess of 20 percent for his right acromioclavicular joint tendonitis (right shoulder disability) was denied. The Board found that the evidence did not support a higher rating than the current 20 percent assigned.

The Veteran's death was not caused by a service-connected condition, and his DIC benefits claim under 38 U.S.C. § 1318 is denied due to the lack of continuous total disability rating for at least five years prior to death.

The Veteran's mood disorder has been granted an initial rating of 50 percent, but no higher.,Service connection for the cause of death due to respiratory failure and metastatic colon cancer is also granted.

An initial total schedular rating for ulcerative colitis is granted from December 27, 2011 to January 29, 2015. From January 29, 2015, a schedular rating in excess of 60 percent for ulcerative colitis is denied. A TDIU is granted from January 29, 2015 to April 17, 2018 and prospectively from June 1, 2018.,The Veteran's ulcerative colitis has resulted in marked malnutrition, anemia, and general debility prior to January 29, 2015. From that date, the disability is rated as 60 percent.

The Veteran's medical expenses incurred from May 20 to May 24, 2016 at Kadlec Regional Medical Center were not reimbursed due to the appellant failing to file a claim within 90 days after the date of discharge.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to inadequate opinions in the February 2017 VA examination report, particularly regarding causation and aggravation of the claimed conditions.

The Board has granted service connection for dysthymia as secondary to the Veteran's service-connected thrombophlebitis of the left leg. The issues of entitlement to an increased rating for thrombophlebitis and service connection for a gastrointestinal disorder are remanded.

The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU before September 1, 2011. The Board has remanded the case to consider whether extraschedular consideration is warranted.

The appellant seeks accrued benefits for the Veteran's death, but there were no pending claims at the time of his death and he was not entitled to any VA benefits under an existing rating decision.

The Board has decided that the Veteran's Grave's disease may be related to his service, but needs further medical examination and opinion to determine this.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's claim for service connection for his rectal disorder is pending.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing eligibility for VA Dependency and Indemnity Compensation (DIC) benefits.

The appellant is not recognized as the Veteran's surviving spouse for purposes of receiving DIC and/or death pension benefits due to failing to meet the eligibility criteria.

The Board denied the veteran's surviving child's claims for dependency and indemnity compensation, death pension, and accrued benefits due to lack of evidence showing permanent incapacity for self-support prior to age 18.

The Veteran's claim for a compensable evaluation of left eyelid myokymia with epiphora is remanded due to the failure to schedule and conduct a VA examination.