Other conditions decisions — 2019

The Board has remanded the case due to insufficient consideration of the Veteran's reports of right lower quadrant pain that persisted until his surgery for cecal cancer, which may be related to service.

The Board denied an earlier effective date for additional monthly benefits for the Veteran's current wife, S.M.B., finding that the Veteran did not file a claim within one year of his remarriage and thus was not entitled to retroactive benefits.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for additional development and an opinion on whether his abdominal pain after a right open adrenalectomy procedure was caused by carelessness, negligence, or other fault.

The Veteran's nonservice-connected pension benefits were reduced due to an increase in his income from Social Security Administration (SSA) benefits. The appeal is denied.

The Veteran's leg length discrepancy and hip replacement residuals are not deemed to be due to VA carelessness, negligence, or error in judgment. The Board finds that the preponderance of evidence does not support a finding of fault on the part of VA personnel.

The Board has decided that the Veteran's claim for service connection for residuals of a right foot fracture should be remanded due to incomplete medical records and need for further examination.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) was dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's right knee disability was granted a separate rating of 10 percent for painful motion, and additional ratings of 20 percent for meniscal dislocation and 10 percent for lateral instability prior to May 21, 2018.

The Board has remanded the Veteran's claims for hypertension and an acquired psychiatric disorder due to a lack of medical evidence. The earlier effective date claims have been denied as there was no claim submitted prior to September 21, 2011.

The appellant died during the appeal process, and her claim for service connection for the cause of the Veteran's death is dismissed due to lack of jurisdiction.

The Appellant is not recognized as the Veteran's surviving spouse for VA benefits purposes, and her claim for service connection for the cause of the Veteran's death has also been denied.

The Veteran's cause of death is related to a heart attack in service that caused his pericarditis, which ultimately led to his death. The Board has ordered the retrieval of the Veteran’s United States Naval Reserve records to verify all active duty for training and inactive duty training dates.

The Veteran's claim for recognition of A.S. as a helpless child is remanded due to the need for additional medical records and SSA disability benefits information.

The Veteran withdrew his appeal regarding the establishment of overpayment for dependency benefits, and the Board dismissed the case.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claim for service connection for degenerative joint disease of the left hip. The examiner is requested to provide an opinion on whether this condition is related to a traumatic injury sustained during active service, including the November 1972 incident where the Veteran was struck by a train.

The Board has decided to remand the case due to missing documents and the need for further review of the creation and validity of the overpayment.

The Veteran's claim for service connection for Lewy Body dementia, secondary to herbicide agent exposure (burn pit), has been dismissed due to the death of the Veteran.

The Veteran's left shoulder disability, specifically his left rotator cuff tendonitis, is currently rated at 30 percent disabling. The Board found that the symptoms more closely approximated a limitation of motion to midway between side and shoulder level.

The Veteran's claims for an initial rating in excess of 20 percent for cold injury residuals of the left foot and entitlement to an effective date earlier than January 10, 2017 for cold injury residuals of the right hand are being remanded.,An effective date of April 23, 2014 is granted for the Veteran's service connection for cold injury residuals of the left hand and left foot.

The Board denied service connection for an eye condition (claimed as impaired vision) because the evidence did not establish a medical nexus between the current cataracts and the April 1982 incident, which occurred during active duty. The appellant's private physician diagnosed his cataracts as age-related.