Other conditions decisions — 2019

The Veteran's claim for an increased rating for scar tissue on the right breast was denied as the evidence did not meet the criteria for a higher rating.

The Board denied the Veteran's claims for service connection for dilated cardiomyopathy with congestive heart failure and mitral valve regurgitation, achilles tendonitis of the right lower extremity (RLE), and acquired speech impediment as secondary to his service-connected hypertension. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Veteran's esophageal cancer was not shown in service or for many years thereafter, and the most probative evidence of record indicates that the Veteran’s esophageal cancer is not related to service.

The Veteran's claim for additional compensation benefits for his dependent children was granted effective December 6, 2016. The decision is based on the submission of evidence showing dependency within one year of a qualifying rating action.

The Board has determined that the Veteran's right index finger condition is not related to service and therefore denied his claim for service connection.

The Veteran's death was not caused by a service-connected disability, and the cause of death (pancreatic cancer) is not presumed to be related to his military service. The Board denied entitlement to service connection for the cause of the Veteran's death.

The Veteran's surviving spouse was awarded death pension benefits, but the funds were not released due to her incompetence. The Appellant sought reimbursement for funeral expenses and accrued benefits owed to his mother before her death. The Board found that the Appellant could only receive $11,064.00 in accrued benefits as he had already received this amount for funeral expenses.

The Board has decided to remand the case due to insufficient evidence regarding a left foot condition, requiring further examination and additional records.

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

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that there was not continuous cohabitation between them until the Veteran’s death. The decision also noted conflicting statements from the appellant and her sisters regarding their separation.

The Veteran's nasal passages are more than 50% obstructed due to non-service connected allergic rhinitis, not residuals of palatouvulopharyngoplasty and nasal passage surgery. Therefore, the claim for an initial compensable disability rating is denied.

The Veteran's death prevented the appellant from filing a timely claim for accrued benefits, as required by law. The Board denied her request due to the failure to file within one year of his death.

The Veteran's service-connected right posterior thigh dysesthesia is currently rated at 10 percent, which is the maximum schedular rating authorized. The Board found that this rating adequately reflects his disability picture and does not warrant an extraschedular evaluation.

The Board has remanded the case due to unclear application of the legal standard and inadequate reasoning in a previous decision regarding service connection for complex apnea syndrome. A new VA examination is needed to determine if the Veteran's condition existed prior to service and whether it was aggravated by active duty.

The Veteran's claims for service connection for metatarsalgia of the left and right foot were denied due to lack of new and material evidence. The Veteran was granted a 10% rating for painful scar, status-post left inguinal hernia repair.

The Board has remanded the Veteran's claims due to insufficient evidence and for further examination. The issues are about service connection for dental disabilities, both for VA compensation benefits and outpatient treatment.

The Veteran's son, D.J.R., was found to be permanently incapable of self-support prior to attaining the age of 18 due to various disabilities including mental retardation and hearing problems.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's nerve disability of the left lower extremity. The Veteran needs additional VA examinations and records.

The Board denied the Veteran's claim for service connection for a left hand disorder, finding that there is no evidence linking his current condition to his military service.

The Board found that the Veteran's income was below the means threshold for the period from February 7, 2014, through February 6, 2015, and granted his claim to avoid a copayment.