Other conditions decisions — 2019

The Veteran's service-connected intestine fistula was granted a 30 percent rating effective March 19, 2013 and a 100 percent rating effective March 18, 2014.

The Veteran's claim for service connection for streptococcal sore throat and viral syndrome is remanded due to the inadequacy of a previous VA examination. A new examination is needed to determine if his condition was incurred in or caused by active service.

The Veteran's overpayment of $7,688.63 for spousal allowance is granted due to the Veteran's failure to notify VA of his divorce and subsequent marriage in a timely manner. The Veteran was entitled to this benefit but for not properly filing paperwork. However, he must repay $83 from November 2006 as it would cause unjust enrichment.

The Veteran's cardiac disability is remanded for a VA specialist to provide an opinion on the relationship between his service and current heart conditions, as well as any radiation exposure from ablation procedures.

The Veteran's service connection claim for dry eye syndrome is denied as there is no medical evidence to support a connection between his reported eye complaints in service and his current eye conditions.

The Veteran's service connection claim for bilateral shin splints is remanded due to the need for a new VA examination.

The Veteran's claim for an earlier effective date prior to October 25, 2015 for the grant of service connection for nephrolithiasis was denied as there were no grounds for assignment of an earlier effective date.

The Veteran's disability rating for degenerative joint disease of the left hip, status post total hip replacement, is increased to 90 percent effective May 1, 2012.

The Veteran's death was caused by his rectal cancer with metastasis to the liver, lung, and stomach. The Board found that service connection is not warranted for the cause of death due to a lack of evidence linking the cancer to herbicide exposure or service.

The Veteran withdrew his appeal regarding the initial compensable rating for Non-Hodgkin's Lymphoma.

The Board has decided that more evidence is needed to determine if the Veteran's arthritis of the bilateral hands is related to his military service. The case is being sent back for further examination and evaluation.

The Veteran's eye condition, skin condition, sleep condition, and breathing problems are remanded for further examination and opinion. The claims will be considered on the merits if no new evidence is found.

The Veteran's initial rating for patellofemoral syndrome of the right knee was denied as his disability did not meet criteria for a higher rating prior to April 14, 2010.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for left vocal cord paralysis was denied, and the issue of service connection for a skin disability is remanded.

The Board has reopened the claim of service connection for refractive error of the eyes due to new evidence. The claims for deviated nasal septum, bilateral eye disability, and tinea pedis are remanded as there is missing VA treatment records and need for further examinations.

The Veteran's surviving spouse died in March 2015, and the appellant filed a claim for accrued benefits more than a year after her death. The VA found that the appellant did not meet the one-year filing requirement for accrued benefits.

The Veteran's service connection claim for alcohol dependence is denied as there is no evidence of a current disability, and the condition has been in remission during the appeal period.

The Veteran was granted a total disability rating for compensation purposes based on individual unemployability (TDIU) in an October 2014 rating decision. The appellant, who represented the Veteran during this appeal, is eligible to receive attorney fees based on past due benefits.

The Board dismissed the appeal as there was no motion for reconsideration or appeal to the Court, and thus it could not review the October 2018 decision.

The Veteran's right lower extremity neurological disorder was initially rated as 10 percent disabling prior to June 12, 2014 and as 40 percent disabling thereafter. The Board remanded the TDIU claim due to incomplete employment information.