Other conditions decisions — 2019

The Board has remanded the case due to an issue with obtaining records from the Veteran's disability insurance application. The Veteran will need to provide specific information about the records that Unum Life Insurance Company of America relied on for their determination.

The Veteran's claim for a higher rating for hallux valgus, which has been rated at the maximum schedular rating of 10 percent, is denied.

The Board denied the veteran's claim for nonservice-connected pension because he did not have active military service during a period of war, and therefore did not meet the eligibility requirements.

The Veteran's cause of death was due to a myocardial infarction, but the Board found no evidence linking this condition to his service or any service-connected disability. The claim for service connection for the cause of death is denied.

The Board has remanded the case due to incomplete medical records, specifically missing operative reports from follow-up surgeries and rehabilitation records. The Veteran's claim for compensation under 38 U.S.C. § 1151 is now pending with instructions to obtain these records.

The Board has determined that the Veteran's chronic idiopathic urticaria is related to his military service, and thus grants service connection for this condition.

The Board dismissed the appeal for service connection of atrial fibrillation as the Veteran withdrew his appeal prior to a decision.

The Veteran's right thumb disability was granted a 10% rating, effective from June 20, 2015. The condition is characterized by painful motion without compensable limitation of motion.

The Board has remanded the claims for service connection and increased rating for bilateral hearing loss due to potential CUE in a previous decision. The Veteran's representative also raised issues regarding new evidence potentially reopening his left ear disability claim.

The Board denied the claim for a government-furnished memorial headstone or marker due to the decedent's service with the Confederate Army, as this does not qualify under VA regulations.

The Veteran's claims for service connection for cancer of the esophagus, multiple myeloma, and cancer of the pancreas due to exposure to ionizing radiation have been dismissed because he died during the appeal process.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's chronic lymphocytic leukemia and his service, specifically exposure to tetrachloroethylene. The Veteran will need a VA examination to evaluate this claim.

The Veteran's claim for a waiver of recovery of an overpayment of VA pension benefits is being remanded due to unclear calculations and the need for further documentation.

The Board has decided to remand the case due to issues regarding whether an overpayment of compensation benefits was properly created and if any part of it was due to sole VA administrative error. The Veteran's appeal will be reconsidered after these issues are resolved.

The Veteran's service-connected right and left lower extremity disabilities are being remanded for further evaluation due to the need for a new VA examination.

The Veteran's surviving spouse did not submit a formal claim for Dependency and Indemnity Compensation (DIC) with aid and attendance prior to March 13, 2018. The effective date of the award is therefore denied.

The Board has decided to remand the case due to a need for an opinion regarding whether the Veteran's esophageal cancer was related to his service, including presumed exposure to herbicide agents in Vietnam. The Board also needs to determine if any of the Veteran's service-connected disabilities contributed to his death from esophageal cancer.

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

The Board has vacated the February 7, 2019 decision dismissing claims for service connection for bone cancer and splenectomy due to denial of due process. The claims are now remanded for further review.

The Veteran's unauthorized medical expenses incurred at Memorial Hermann Hospital between September 18, 2016 and September 26, 2016 were denied as the claim was not filed within 90 days of his discharge from the hospital.