Other conditions decisions — 2019

The Veteran's appeals for increased ratings for his service-connected knee disabilities and service connection for sinusitis have been dismissed.,The Veteran's appeal of a TDIU claim has been remanded.

The Board denied service connection for an eye disability and a neurological disability of the right leg, finding that there was no evidence of these conditions during or within one year after service. The medical opinions provided by VA were against the claims.

The Board has decided that the appellant should be recognized as the Veteran's surviving spouse, but requires notification to her of the criteria for establishing a common law marriage in Oklahoma.

The Veteran's death pension and DIC benefits claim was denied as the appellant did not meet any of the statutory requirements to qualify for these benefits.

The Veteran's countable income exceeded the applicable maximum annual pension rates, resulting in denial of nonservice-connected pension with special monthly pension.

The Board has decided to remand the claims of service connection for urinary incontinence and fecal incontinence due to additional development being required, including a VA examination.

The Veteran's chondromalacia of the left patella was granted a rating of 20 percent from February 22, 2008 to December 19, 2012.

The Veteran's claim of service connection for malaria is granted, and the appeal to increase his PTSD rating is remanded.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's hypertension and its relation to his death. The examiner is required to provide an opinion on whether it is at least as likely as not that the Veteran’s hypertension caused or contributed to his death.

The claim for service connection of a urethra stricture has been reopened, and the appeal is remanded for further examination and review. The claims for higher ratings for low back disability and left lower extremity radiculopathy are also remanded.

The Board has remanded the Veteran's claims for increased ratings for right and left heel spurs due to inconsistencies in evaluations over time and the need for a new VA examination.

The Board has decided to remand the Veteran's claim for a right leg disability due to incomplete records and the need for further medical examination.

The Board denied the Veteran's claim for service connection for right hand tremors, finding that there was no evidence of a current disorder related to service and that the Veteran's assertions were not credible.

The Veteran's spouse is not eligible for CHAMPVA benefits as the divorce between the appellant and the Veteran was valid under Missouri law, and she did not meet the requirements to be recognized as a surviving spouse.

The Board found that the overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits for the Veteran in the calculated amount of $2,261.08 was validly created due to mitigating circumstances and reduced grades during enrollment, thus denying the benefit sought.

The Veteran's claim for a temporary total rating due to bilateral surgical fasciotomies is remanded as the Veteran did not report for scheduled examinations.

The Board has granted service connection for sclerosis, undifferentiated connective tissue disease, and lupus. The issues of service connection for residuals of a TBI (including seizure disability and psychiatric disability) are remanded due to the need for further development.

The Board denied service connection for esophageal varices and hepatic steatosis, finding that the evidence did not support a link to active duty service or exposure to contaminants at Camp Lejeune.

The Board denied the Veteran's claim for waiver of overpayment debt from November 2010 to December 2011, finding fault on his part. However, it granted the waiver of recovery for the overpayment debt from January 2012 to August 2013 due to lack of fault and evidence of financial hardship.

The Veteran's death was due to Chronic Lymphocytic Leukemia (CLL). The Board has remanded the case for further investigation into possible exposure to radiation and lead nitrate, as well as a medical opinion on whether CLL is related to these exposures.