Other conditions decisions — 2019

The Board dismissed the appeal as the appellant requested to withdraw it, citing that prior to the decision, they had notified the Board of their request.

The Board has remanded the issues of severance of service connection for cerebrovascular accident (CVA) associated with posttraumatic encephalopathy, left upper extremity loss of sensation and strength, and left lower extremity loss of sensation and strength. The Veteran's appeal is now in appellate status due to his disagreement with the denial of special monthly compensation based on aid and attendance.

The Board has determined that there are missing documents related to the Veteran's widow's claims, and these must be located and associated with the electronic claims folder before any decisions can be made on the appellant's claims for accrued benefits and an earlier effective date.

The Board has remanded the case due to insufficient evidence regarding whether the service-connected hypertension aggravates the Veteran's congestive heart failure.

The Board has remanded the Veteran's claim for increased ratings for his postoperative hemilaminectomy L4-5 with radiculitis, as the evidence shows a worsening of symptoms from February 14, 2013.

The Veteran's cause of death, Interstitial Lung Disease (also claimed as bronchitis), is granted due to exposure to Agent Orange. Service connection for the same condition is denied on accrued benefits purposes due to lack of evidence linking it to service or post-service exposures.

The Board denied the appellant's claim for accrued benefits, stating that her expenses were not reimbursable as they were related to her mother's last sickness and burial.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's service-connected atrial fibrillation and atrial tachycardia, as well as his current manifestations of these conditions.

The Board has determined that the minor children, SL and CL, are eligible to receive VA benefits as surviving dependents of the Veteran. The appeal on behalf of the minor children is granted, and the AOJ will now proceed with a merit's adjudication of DIC, death pension, and accrued benefits.

The Board denied service connection for myastenia gravis, finding that it was not caused or aggravated by the Veteran's low back disability or treatment.

The Board has remanded the case due to outstanding private treatment records and a need for another VA examination.

The Board has decided to remand the case due to issues with the calculation of the overpayment for VA educational benefits. The Veteran's appeal is related to a debt amounting to $1,416.66 and requires further investigation into the circumstances surrounding his withdrawal from courses.

The Board found that the apportionment of VA disability benefits to J.H. from December 2011 through August 2013 was improper due to continued cohabitation, but not harmful as it went towards expenses in the Veteran's home. The apportionment from September 2013 through February 2014 was proper and denied.

The Veteran's claim for VR&E benefits was denied because he does not experience an employment handicap due to his service-connected disabilities. The Board has ordered a remand to provide the Veteran with an opportunity to submit evidence of unsuccessful attempts at obtaining full-time suitable employment.

The Veteran's cause of death, hypertensive cardiovascular disease, is not related to his active duty service and therefore service connection for the cause of death is denied.

The Board has determined that there are unpaid special monthly pension benefits for the period from September 1, 2015 to the date of the Veteran's death and is remanding the case to conduct an audit and determine eligibility.

The Board has remanded the case due to a need for additional medical examination and opinion regarding whether the Veteran's neck condition is secondary to his service-connected myofascial pain syndrome.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, which bars him from receiving VA benefits.

The Veteran's claim for service connection on the merits is remanded due to outstanding medical evidence and new symptoms. The claims for digestive disorder, left leg condition, right eye socket shrapnel injury, and right foot condition are being remanded.

The Veteran's claim for educational assistance benefits under Chapter 33 was denied because his period of service used to establish eligibility for Chapter 30 benefits could not be used for Chapter 33.