Other conditions decisions — 2019

The Veteran requested to withdraw his appeal for an earlier effective date of April 18, 2011 for the grant of a TDIU. As a result, the Board has dismissed this issue.

The Board has decided to remand the case due to conflicting diagnoses and unclear relationship between service, exposure, and prostate cancer.

The Board denied the appellant's claim for an initial compensable rating for service-connected pleural plaques due to in-service asbestos exposure, finding that the appellant's functional impairment is more likely caused by his nonservice-connected respiratory disabilities (COPD, asthma, and chronic bronchitis).

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits. The appeal is denied as there are no legal grounds to grant burial benefits.

The Veteran's claim for a government-furnished headstone or grave marker was denied because he died before November 1, 1990 and his grave is in a private cemetery.

The Board has decided that additional VA medical records need to be obtained in order to make a determination on the DIC claim.

The Board denied the appellant's request to extend her delimiting date for DEA benefits beyond March 23, 2018, as none of the exceptions for extension apply.

The Veteran's claims of service connection for insomnia, skin disorder, and allergies have been reopened due to the submission of new and material evidence. Service connection has not been granted for any of these conditions.

The Board found that the VA correctly calculated and paid the DEA benefits for the specified periods, thus denying the appellant's claim for additional payments or higher monthly rates.

The Board denied a compensable rating for the Veteran's postoperative fracture dislocation, right 4th finger (right ring finger disability) as it found that the highest available rating under VA regulations was not warranted.

The Veteran is granted retroactive payment of Post-9/11 GI Bill educational assistance benefits for the SSA OJT program from March 17, 2016 to January 10, 2017.

The Veteran's claim to reopen service connection for a respiratory disability is granted. The case is remanded for further development and opinion regarding the nature of his current respiratory condition and its relationship to service. The case is also remanded for an ophthalmologist's opinion on the etiology of his left eye cataract and dry eye.

The Board has decided that the overpayment of VA additional compensation benefits for a spouse in the amount of $4,265 was improperly created and must be reviewed again to determine if it should be waived.

The Board denied the Veteran's claim for service connection for a neck disorder, finding that there was no evidence of a chronic condition present during or within one year after service. The VA examiner found no link between the in-service motor vehicle collision and current neck issues.

The Board has decided to remand the case due to insufficient evidence and a need for further examination. The appellant's daughter seeks benefits under the provisions of 38 U.S.C. § 1805 or § 1815, claiming she was born with spina bifida or a form of it other than spina bifida occulta due to her father’s exposure to herbicide agents in Vietnam.

The Veteran's discharge from service was a general discharge under honorable conditions due to misconduct for drug abuse, which disqualifies him from eligibility for Post-9/11 GI Bill educational assistance benefits.

The Board has granted service connection for trochanteric pain syndrome of the left hip and right hip, finding that there is a continuity of symptoms since military service.

The Board denied the Veteran's claim for a rating in excess of 10 percent for his right elbow disability, finding that the evidence did not support an increased rating under any applicable diagnostic codes. The Veteran was currently rated at 10 percent for his condition.

The Veteran's service-connected hand injuries have worsened, and a new VA examination is needed to assess the current severity of his conditions.

The Veteran's claim for service connection for atherosclerotic cardiovascular disease with congestive heart failure is denied as the earliest effective date available is March 15, 2016.