Other conditions decisions — 2019

The Board has decided to remand the Veteran's claims for lung disorder and bilateral foot disorder due to insufficient medical evidence. The VA will provide an addendum opinion regarding the lung disorder, and schedule a VA examination to determine if the bilateral foot disorder is related to service.

The Board found that the appellant did not have active duty service in Vietnam, and therefore is ineligible to receive VA benefits based on this period of time.

The Veteran's claim for an earlier effective date of service connection for brain thrombosis with loss of use of left upper and lower extremities is denied as no claim was received within one year after separation from active duty service.

The Board has decided to remand the case due to the Veteran's failure to report for a VA examination. The examination should be rescheduled, and updated records from WellSpan should also be secured.

The Board has remanded the case due to a need for additional development and readjudication, including obtaining updated VA treatment records and an examination of the Veteran's service-connected residuals of mandible fracture. The issue is also being reviewed for whether a separate evaluation is warranted for loss of vocal articulation.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's right hand disability and his service. The Veteran will need to provide additional medical records, and a new VA examiner will be asked to determine if there is at least a 50% chance that the current right-hand disability is related to any complaints in his service treatment records.

The appeal for a total disability evaluation based on individual unemployability (TDIU) is being remanded due to the appellant's request for a personal hearing before local VA personnel.

The Board denied the appellant's claim as a surviving spouse due to her invalid second marriage, which was known by both parties at the time of the marriage.

The Board denied the appellant's claim as she does not meet the legal criteria to establish status as the Veteran’s surviving spouse for purposes of VA death pension benefits.

The Veteran's request for an extension of her delimiting date for Chapter 33 education benefits beyond April 24, 2017 was denied as she did not have a physical or mental disability or circumstances beyond her control which prevented her from completing a program of education.

The Veteran's daughter is not eligible for an extension of her Post-9/11 GI Bill benefits beyond her 26th birthday due to the law and regulations that set a maximum age limit for using transferred benefits.

The Board denied the claim for recognition as the Veteran's surviving spouse, finding that the Appellant and the Veteran were divorced at the time of the Veteran's death.

The Veteran's service was not honorable, which disqualifies him from eligibility for Chapter 30 educational assistance benefits.

The Veteran died of a myocardial infarction. The Appellant requested a burial flag for the Veteran, but VA did not send her an application form because she was not deemed to have apparent entitlement to benefits at the time of her request.

The Board has denied increased ratings for the service-connected right and left foot disabilities, but has remanded the issues of entitlement to a higher rating for the psychiatric disability and TDIU.

The Board denied the veteran's claim for service connection as his discharge was under dishonorable conditions, which is a bar to VA benefits.

The Veteran's surviving spouse claim was denied because the appellant could not provide legal documentation confirming that the Veteran is the biological father of her daughter, and thus she did not meet the requirements for VA death benefits.

The Board has remanded the case due to conflicting medical opinions and a need for clarification regarding the autopsy report's findings. The Veteran died from a dissecting thoracic aortic aneurysm, but there is confusion about whether this constitutes a form of 'thoracic aortic aneurysm' that could be linked to his in-service 'prominent aortic knob'.

The Veteran's claim for service connection for chronic diarrhea is being remanded due to the need for further development, including obtaining records of his inpatient treatment during service.

The Veteran died of idiopathic cardiomyopathy, which the Board found was not service-connected. The Board determined that there is no evidence to support a connection between the Veteran's exposure to herbicides and his heart condition.