Other conditions decisions — 2019

The Board denied a higher rating for the Veteran's hysterectomy and left oophorectomy, finding that her right ovary was not removed during service and thus she is not entitled to a higher rating based on this condition.

The Board denied service connection for left and right ankle disabilities, finding no evidence of a chronic condition in service that caused the current disability.

The Board denied the appellant's claim for an earlier effective date for her award of SMC based on the need for aid and attendance, finding that she did not submit all required documentation prior to January 13, 2015.

The Veteran's claim of entitlement to an increased rating for his service-connected tardive dyskinesia is being remanded due to the need for a more contemporaneous examination and updated VA records.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's deviated nasal septum existed prior to service and was not aggravated by service.

The Board has remanded the case for further action, including obtaining a radiation dose estimate and providing an opinion on whether the Veteran's rectal cancer is related to his service, specifically exposure to ionizing radiation. The issues of service connection are pending.

The Veteran's appeal has been dismissed due to their death.

The Board has decided that the Veteran's claim for TDIU is remanded due to incomplete medical records and the need for a VA examination.

The Veteran's skin condition, herpes simplex virus (HSV), is rated at 10 percent and does not meet the criteria for a higher rating as it does not cover more than 20% of his entire body or exposed areas affected.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 has been dismissed due to the death of the Veteran.

The Board has decided that the validity of the overpayment claim must be reviewed due to missing documents related to the Veteran's enrollment termination.

The Veteran's claims for service connection for neurobehavioral effects and hepatic steatosis are denied due to lack of current diagnoses. The Board found no evidence of a current diagnosis of neurobehavioral effects, while the Veteran was diagnosed with hepatic steatosis in his private records. Service connection is remanded for further examination and review of post-service medical records.

The Board has decided that the appellant's pension benefits were terminated as of October 1, 2017 due to her income exceeding the maximum annual pension rate. The case is being remanded for further action on two issues: determining the validity of an overpayment and considering a waiver of recovery of the overpayment.

The Board denied service connection for squamous cell carcinoma and basal cell carcinoma with scarring, finding that the evidence did not support a causal relationship to active duty service or herbicide exposure.

The Veteran's claim for an effective date of February 2, 2016 for special monthly compensation (SMC) based on the need for regular aid and attendance was granted. The decision is based on the evidence showing that the Veteran required regular aid and attendance since filing his intent to file a claim.

The Board has granted the Appellant's claim for death pension benefits as her net worth is not excessive and will be depleted in a couple of years due to high medical expenses.

The Veteran's divorce from his wife occurred before he passed away, making the Appellant ineligible for VA death benefits as a surviving spouse.

The Veteran's lipomas of the upper body are not associated with underlying tissue damage, do not cover an area of 144 square inches or greater, are not unstable or painful, and do not have any disabling effects. Therefore, a compensable rating for these conditions is denied.

The Board has decided to remand the case due to incomplete and contradictory information in the claims file, including conflicting evidence regarding whether VA dental treatment has already been authorized for teeth numbers seven, nine, and ten. The Veteran's claim is also related to a service trauma that occurred while he was stationed aboard the USS Leahy.

The appeal for compensation under 38 U.S.C. § 1151 due to treatment at a VA Medical Center is dismissed because the appellant died during the pendency of the appeal.