Other conditions decisions — 2019

The Veteran's back disability is rated at 40 percent, but no higher, during the entire appeal period.

The Board has decided to remand the case due to inadequate examination and incomplete review of the claims file, requiring a new VA examination to determine the nature and etiology of the Veteran's scoliosis.

The Board has remanded the case due to inadequate opinion regarding the cause of death and service connection for Agent Orange exposure.

The Veteran's psychotic disorder NOS has been granted a 100% disability rating since August 29, 2013. The issue of an earlier effective date for this rating is moot.

The Board has denied the Veteran's claims for service connection for residuals of a head injury and stroke, finding that there is no current evidence of such conditions or their relationship to his military service.

The Board denied the appellant's claim for additional DIC benefits for her grandchildren, A.W. and W.W., as they were not formally adopted by the appellant within two years of the Veteran's death.

The Veteran's claim for service connection for an ovarian disorder is remanded due to the need for a new medical opinion regarding her diagnosis and its etiology.

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the criteria for nonservice-connected burial benefits. The claim is denied.

The Board dismissed the appeal for entitlement to accrued benefits as the Appellant withdrew her appeal.

The Board has remanded the case for additional development regarding service connection for the cause of the Veteran’s death. The appeal is not about service connection, but rather DIC benefits under 38 U.S.C. § 1318.

The Board has decided that the Veteran's tongue cancer may be related to his in-service herbicide exposure, but needs further evidence to determine this relationship. The case is sent back for a VA examination and medical opinion.

The Veteran did not have a pending claim for accrued benefits at the time of his death, and thus the criteria for such benefits are not met.

The Board found that the appellant's income was below the maximum annual pension rate for a survivor with aid and attendance and no dependents as of January 1, 2018. Therefore, she is granted nonservice-connected death pension benefits starting from this date.

The Board denied the appellant's claim for payment of Chapter 35 (Dependents’ Education Assistance) benefits, finding that she did not have legal entitlement to such benefits as her basic eligibility for Chapter 35 benefits was established after her 26th birthday and more than one year prior to when her original claim for benefits was received.

The Veteran's claims for service connection for a dental condition are remanded due to the need for VA examinations and VHA adjudication of eligibility.

The Board dismissed all issues on appeal due to the Veteran's withdrawal of his appeals.

The Board has granted service connection for gastric adenocarcinoma, claimed as secondary to Agent Orange exposure, and also found that the Veteran's death was due to a service-connected disability. The claim of entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is dismissed as moot.

The Veteran's death was due to hospice care provided by VA, and the claim for nonservice-connected burial benefits is granted.

The Veteran's service connection claim for a skin rash under the breast to rib cage is denied, and her rating in excess of 10 percent for left foot bunionectomy is also denied. The Veteran's request for a compensable rating for scar status post metatarsal osteotomy/metatarsal head osteotomy is remanded, and her TDIU claim is also remanded.

The Board has decided to remand the case due to a failure to address whether VA satisfied its duty to assist in making a request for a medical report to establish whether the Veteran’s death was service-connected. The appellant argues that the Veteran had high cholesterol during service, which contributed to his cause of death.