Other conditions decisions — 2019

The Veteran requested to withdraw her appeal regarding the restoration of a 10 percent rating for right foot hallux valgus, and the Board dismissed the case as a result.

The Board dismissed the appeal for recoupment of separation pay as requested by the appellant.

The Veteran's congestive heart failure was not caused or aggravated by his service-connected PTSD, and the Board denied his claim for service connection.

The Board has restored a 10 percent rating for radiculopathy of the right lower extremity (femoral nerve) from May 31, 2017 to January 4, 2019, as the reduction was not based on improvement in the Veteran's ability to function under ordinary conditions.

The Board has remanded the case due to missing income verification documents and unobtainable employment information from the Veteran's employers.

The Veteran's appeal was dismissed because they passed away during the pendency of their appeal.

The Veteran's daughter/appellant is denied additional accrued benefits and permanent incapacity for self-support as she was not permanently incapable of self-support at the age of 18.

The Veteran's child is denied an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits due to untimely request and lack of good cause.

The Board has determined that the issues of whether the appellant received the correct entitlement amount of Dependency and Indemnity Compensation (DIC), whether an effective date earlier than June 1, 2016 is warranted for the award of DIC, and whether accrued benefits are due the appellant need to be addressed in a Statement of the Case. The Board will return these issues along with the issue of entitlement to additional DIC.

The Board denied an earlier effective date for the award of special monthly pension (SMP) based on the need for aid and attendance, finding that the Veteran did not meet eligibility criteria under a liberalizing law enacted in 2001.

The Board has remanded the Veteran's claims of service connection for left and right foot pain due to a lack of medical evidence on file from his reserve service.

The Board denied service connection for the cause of the Veteran's death and for frontotemporal dementia, finding no evidence linking these conditions to his military service or exposure to herbicide agents.

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

The Veteran's initial ratings for right and left lower extremity PAD are granted at a 60 percent level, but no higher. The case is remanded to provide the Veteran with an aid and attendance examination.

The Board has remanded the case for further development to assess the current nature and severity of the Veteran's service-connected TBI residuals, including tinnitus, dizziness, and headaches.

The Board has granted service connection for left and right hip arthritis on a secondary basis to the Veteran's service-connected lumbar spine disability.

The Board has remanded the case due to errors in creating and waiving overpayment of VA benefits. The AOJ is instructed to complete a paid and due audit, reconsider whether the overpayment was properly created, reconcile the June 16, 2016 and August 24, 2016 letters, and obtain a current financial status report if an overpayment remains.

The Veteran's claim for compensation under 38 U.S.C. 1151 due to a penile condition resulting from VA medical treatment in 2010 is remanded as there are outstanding records and the Veteran needs an examination.

The Veteran's chest pain is being remanded for further examination to determine if it is related to his service-connected atrial septal defect.

The Board denied the Veteran's claim for service connection for a right foot fracture as there is no current diagnosis of such condition.