Other conditions decisions — 2019

The Veteran's claim for an increased evaluation for gastroenteritis is being remanded due to the inadequacy of previous VA examinations and the need for additional medical records.

The Veteran's claims for a separate rating for his service-connected back condition and TDIU are remanded due to the need for additional medical opinions regarding the nature and etiology of his bowel movement issues, which may be related to his service-connected back disability.

The Board has decided that more evidence is needed to make a full and fair decision regarding the reimbursement or payment for pension benefits at the aid and attendance rate prior to the Veteran’s death. The case is being remanded for further development.

The Board denied the Veteran's claim for service connection for a sleep disorder causing insomnia, finding that his chronic insomnia is a symptom of his service-connected mental health disability (general anxiety disorder with major depressive disorder).

The Veteran's TDIU claim is remanded due to the need for additional medical opinions regarding his service-connected disabilities and their impact on his ability to work.

The Board has remanded the case for further examination and opinion regarding the Veteran's gastrointestinal disorders, including gastroparesis. The examiner is to determine if these conditions are related to service.

The Veteran's initial ratings for Cubital Tunnel Syndrome of the right and left upper extremities were granted, with a rating in excess of 10 percent for each side prior to August 27, 2015. The effective date was set at August 27, 2015. Ratings in excess of 30 percent or 20 percent are denied for the right and left upper extremities respectively.

The Board has remanded the issues of TDIU and SMC for further development. The effective date for TDIU is denied as there was no claim received prior to February 26, 2011, and it is not factually ascertainable that an increase in disability occurred prior to this date.

The Board has remanded the case due to inadequate VA examination conducted in November 2017. The Veteran needs another VA examination that complies with the October 2017 Board remand directives.

The Veteran's son, X., is no longer eligible for additional dependency benefits as the full grant of benefits has been awarded.,Additional dependency benefits are granted to the Veteran's daughter, J., based on her school attendance from October 1, 2009 to March 2012. The appeal is dismissed for the period prior to March 2010 and after May 2013.

The Board denied the Veteran's request for a waiver of an overpayment due to his incarceration, finding that recovery would not be against equity and good conscience.

The Veteran's claim for an earlier effective date for the award of additional compensation for his dependent spouse, J.H., was denied as he did not provide evidence of his divorce and remarriage within a year of notifying VA.

The Board has remanded the Veteran's claims for a bilateral eye disorder, dental condition, and sleep apnea due to service-connected neck disability. The AOJ is instructed to obtain additional records, schedule VA examinations, and provide an opportunity for the Veteran to clarify his claims.

The Board denied service connection for a left index finger disability because the injury occurred during state active duty, not federalized National Guard service.

The Veteran's claims for increased ratings for his service-connected left femoral shaft fracture with intramedullary rodding and associated patellofemoral syndrome of the knees have been denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic codes.

The Veteran's claim for a higher rating for his right eye chronic posttraumatic conjunctivitis is being remanded due to the inadequacy of the July 2016 VA examination. The examiner did not address the relationship between the Veteran's service-connected conjunctivitis and his 2013 episode of temporary vision loss, nor did they provide an opinion on any visual field defect.

The Board has granted service connection for esophageal cancer and the cause of death due to metastatic esophageal cancer, both linked to the Veteran's in-service exposure to Agent Orange. The effective date is not specified.

The Veteran's appeal for a higher rating of 30 percent for residuals of left salpingectomy is granted. The appeals for higher ratings for sinusitis and migraine headaches are dismissed as the Veteran withdrew her appeals.

The Board has determined that there is not substantial compliance with its previous remand directives and the Veteran's claim for service connection of a right hip disability must be remanded for further development.

The Veteran's TDIU and Chapter 35 (DEA) education benefits were denied as he failed to provide requested information regarding his employment status, which led to the discontinuation of these benefits effective November 1, 2018. The Board found that the Veteran did not satisfy the basic eligibility criteria for Chapter 35 benefits due to the discontinuation of TDIU.