Other conditions decisions — 2019

The Board has reopened the Veteran's claim for service connection for pneumonia of the bilateral lungs due to new and material evidence submitted since the April 2004 rating decision. The case is remanded for further development, including obtaining VA treatment records and a respiratory condition examination.

The Board denied the Appellant's claim for recognition as the surviving spouse of the Veteran due to a lack of valid marriage under VA and Kentucky law, despite cohabitation.

The Veteran's claim for service connection for neurobehavioral effects, linked to exposure to contaminated water at Camp Lejeune, is denied as there is no evidence of a disease listed under 38 C.F.R. § 3.309(f) and the condition did not have its onset in active service or for many years thereafter.

The Veteran's disability rating for bilateral inguinal hernia and left hydrocele repair was reduced from 20 percent to 10 percent effective August 1, 2015. The Board found that the reduction was not proper due to inadequate examinations and restored the original 20 percent rating.

The Veteran's residuals of a right hand fifth metacarpal fracture are manifested by pain and swelling, but no limitation of motion or ankylosis. The Board denied a compensable rating as the disability does not meet the criteria for any higher evaluation based on limitation of motion.

The Board has determined that the Veteran's current alopecia areata developed during service and is related to his military service, granting service connection for this condition.

The Board has dismissed the Veteran's claims of service connection for gastrointestinal stromal tumors, soft tissue sarcoma, and liver resection due to a lack of jurisdiction.

The Board denied the veteran's claim for service connection as his discharge from service was due to willful and persistent misconduct, which bars him from receiving VA benefits.

The Veteran's claim for retroactive payment of VA disability compensation benefits is remanded due to a duty to assist error. The AOJ needs to contact OPM and/or any other appropriate source for an audit of the Veteran’s account.

The Veteran's claim for service connection for a dental condition for compensation purposes is denied as his current condition, periodontal disease, cannot be linked to his military service.

The Board found that VA's withholding of VA compensation pay for the period from October 9, 2018 to July 8, 2019 was improper due to a timely election by the Veteran.

The Board denied the Veteran's request to reopen his claim for service connection for spondylosis of L-5 because the new evidence submitted was not relevant and did not establish a link between the current condition and active service.

The Board denied the Veteran's claim for service connection for a gunshot wound to the left side of his neck, finding that there was no evidence of such an injury in service and no current disability. The VA examiner noted a metallic foreign body in the Veteran's neck but did not confirm its origin.

The Board has granted an effective date of February 1, 2011 for the award of additional compensation benefits for the Veteran's dependent wife. The criteria for this decision have been met based on the evidence received within one year of notification of the rating action.

The Veteran's claim for service connection for hidradenitis suppurativa was granted with an effective date of April 15, 2016. The appeal is dismissed as the July 2016 rating decision did not contain CUE.

The Veteran's left hip disability, including strain and post-replacement conditions, is currently rated at 30 percent. The appeal for higher ratings has been denied.

The Board has remanded the case due to uncertainty about the specific chemicals the Veteran was exposed to during his service, and a need for an opinion on whether his multiple myeloma is related to such exposure.

The Veteran's initial compensable rating for bilateral foot calluses is remanded due to missed VA examinations. The matter will be scheduled for a new examination.

The Veteran's reimbursement claim for medical expenses incurred on July 27, 2017 from Arizona Cardiology Group (ACG) is being remanded due to unclear documentation and the need for clarification of his appeal.

The Veteran's son is not eligible for improved death pension benefits as he is over the age of 23 and has been married, making him ineligible to be recognized as a surviving child.