Other conditions decisions — 2019

The Veteran's appeal for an earlier effective date for additional dependency compensation for M.B. and G.B. was denied due to lack of evidence received within a year of their birth.,L.B.'s claim for an earlier effective date for additional dependency compensation was also denied as no written submission establishing her status as the Veteran’s child prior to March 15, 2016, was received.

The Board denied the Veteran's claim of service connection for Attention Deficit Hyperactivity Disorder (ADHD) due to a lack of evidence showing that he has ADHD during his military service or at any time since.

The Veteran's claim for service connection for joint pain as due to an undiagnosed illness is granted, but the case is remanded for further examination and opinion regarding the nature and etiology of his joint pain symptoms.

The Board dismissed the appeal of two claims: one for an increased evaluation of residuals, left patella fracture with degenerative joint disease and another for a temporary 100 percent evaluation for convalescence for left total knee replacement surgery. The decision is due to the death of the appellant.

The Veteran's appeal for service connection of chronic lymphocytic leukemia has been dismissed due to his death.

The Veteran's appeal regarding basic eligibility to dependents' educational assistance has been dismissed as he/she did not file a notice of disagreement.

The Board denied the appellant's claim that the value of her HLT should be included in her net worth for pension qualification purposes, as she does not own or control the trust.

The Board granted an increase in the amount of apportionment to 20 percent of the Veteran’s VA disability benefits prior to July 1, 2016. The appeal for an apportionment after July 1, 2016 was denied due to the divorce between the Veteran and appellant.

The Board denied the Veteran's claim for service connection for essential tremor of the upper and lower extremities, finding insufficient evidence to establish a causal relationship between his condition and active service or any service-connected disability.

The Board has denied increased ratings for the Veteran's service-connected ingrown toenail conditions, finding that they do not warrant a rating in excess of 10 percent.

The Board has found that the claim for an increased rating is dependent on a determination of the propriety of the February 2017 rating reduction. The inextricably intertwined claim for an initial compensable rating for testicular cancer must be remanded to issue a Statement of the Case regarding the reduction claim.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse for purposes of establishing eligibility for DIC benefits, stating that she was not married to the Veteran at the time of his death and did not hold herself out as his spouse.

The Veteran withdrew his appeals for service connection and TDIU due to satisfaction with current compensation.

The Board has remanded the claims for service connection for neck, left arm, right arm, and bilateral hand conditions due to insufficient evidence. The Veteran's spouse provided testimony indicating that he experienced pain during service.

The Veteran's initial 30 percent rating for supraventricular tachycardia is granted, but the issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Board dismissed the claims for service connection for pulmonary embolism, diverticulitis bowl perforation, and hemicolectomy bowel repair. The claim for service connection for polycythemia vera was remanded due to a lack of VA examination.

The Board has denied service connection for soft tissue sarcoma and essential tremors as there is no current diagnosis of these conditions, and the Veteran's claims are based on direct evidence rather than a presumption or secondary to another condition.

The Board has decided to remand the case due to missing service records, and a need for further examination to determine if the Veteran's current foot condition is related to his service.

The Veteran's death was not due to a service-connected disability, and therefore the claim for service-connected burial benefits is denied. The appellant's claim for nonservice-connected burial benefits is also denied as there were no original or reopened claims for VA compensation or pension benefits pending at the time of his death.

The Board has remanded the Veteran's cause of death and DIC benefits claims due to insufficient evidence regarding the relationship between his service-connected conditions and his death.