Other conditions decisions — 2019

The Veteran's VA disability compensation benefits cannot be apportioned to their children because the appellant receives child support payments from the Veteran, and there is no evidence of hardship due to inadequate financial support.

The Board has denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for Legionnaires' disease and remanded the claim for compensation under 38 U.S.C. § 1151 for viral infection and strep pneumonia due to lack of evidence supporting a diagnosis of Legionnaires' disease or residuals thereof.

The Board has granted the Veteran's claim for TDIU, and as a result, the $5,787.00 EAJA fees previously deducted from the attorney fee payment is now considered not necessary due to the Court's reversal of the previous decision.

The Board denied the Veteran's claim for service connection for a brain tumor, finding no new and material evidence to reopen the case. The Veteran's previous denial was based on lack of probative evidence of the presence of the tumor in service or within the first post-service year, as well as a medical opinion that found no nexus with service.

The Veteran's initial claim for a higher rating for his back condition was denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 20 percent prior to January 14, 2016, and in excess of 40 percent thereafter.

The Board has denied the Veteran's claims for service connection for bilateral foot mycosis, right foot hammertoes, and left foot hammertoes disabilities due to a lack of evidence showing an in-service event or injury related to these conditions.

The Board has remanded the Veteran's claims for neck pain, numbness in left leg, and numbness in left arm and side due to insufficient medical opinions regarding their etiology.

The Appellant's claim for DIC and accrued benefits as a surviving spouse is denied because she remarried before the age of 57, which disqualifies her from receiving these benefits.

The Board has remanded the case for a VA examination to determine if the Veteran's right ear acoustic neuroma is related to his service, specifically exposure to herbicide agents. The appeal does not involve any claims of service connection based on presumptive conditions or secondary service connection.

The Veteran's claims for service connection and rating of his knee conditions are being remanded due to the need for additional examinations and development.

The Veteran's appeal was dismissed due to his death before a decision could be made.

The Veteran's service connection claim for Buerger’s disease is remanded due to insufficient medical evidence and the need for a VA examination.

The Veteran withdrew his appeal before the Board could make a decision.

The Board has granted service connection for ductal carcinoma of the right breast, finding that it manifested within one year of the Veteran's discharge from active service.

The Board denied higher ratings for PVD of the right and left lower extremities, finding that the evidence did not support a compensable rating prior to June 18, 2011, or a rating in excess of 40 percent since October 21, 2015.

The Veteran's adult daughter is not eligible for accrued benefits due to her age, but may be eligible for reimbursement of expenses related to the Veteran's last sickness and burial. The appellant must provide evidence of such expenses.

The Board denied service connection for left eye pterygium, cataracts, and blepharitis as the conditions did not onset in or were caused by service.,The Veteran's cataracts were first diagnosed six years after separation from active duty.

The Veteran's service-connected right hand disability, including his fourth and fifth fingers, is rated at 10 percent for pain and reduced grip strength. A separate rating of 10 percent has been granted for the musculoskeletal manifestations.

The Board denied the petition to reopen the claim for service connection for cold injury residuals of the left upper extremity as new and material evidence was not received.

The Board denied the veteran's child's claim for Chapter 35 (DEA) benefits as she was not eligible due to her age at the time of filing, and thus did not meet the eligibility criteria.