Other conditions decisions — 2019

The Board has remanded the Veteran's claims for an increased rating for his service-connected left and right foot heel spurs with enthesophyte due to insufficient consideration of the Veteran’s complaints of pain during the examination process.

The Veteran's cause of death, malignant neoplasm of cardia, was not related to his military service and therefore the claim for service connection for the cause of death is denied.

The Veteran's claim of entitlement to service connection for an acquired psychiatric disorder is remanded due to the need for additional development and evidence. The appeal will be returned to the Board after this development.

The Board has decided to remand the case due to non-compliance with previous instructions and needs further information on the Veteran's service personnel records, specifically regarding his retirement under the Qualitative Management Program.

The Veteran's claim for service connection for a dental disability and initial rating for residuals of right jawbone injury were both granted. The Veteran received a compensable initial rating (10%) for his right jawbone injury, but the Board found no basis to grant any higher ratings or reopen the issue of service connection.

The appeal was dismissed because the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's claim for service connection for chronic left ear otitis media was previously denied in March 1977 and not reopened due to lack of new and material evidence.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's respiratory condition, specifically granulomatous disease. The Veteran is seeking service connection for this condition.

The Board has granted additional accrued benefits in the amount of $2,098 as reimbursement for the expense of last illness of the Veteran’s deceased spouse. The decision is based on the outstanding balance of $2,242 owed for care and assistance provided to L.R. at her assisted living facility during the last months of her life.

The Veteran's right eye macular retinopathy has been rated as 0 percent disabling. The Board is remanding the case to obtain updated VA treatment records and schedule a new VA examination to assess the current severity of his condition.

The Veteran's metastatic left breast cancer, stage 4 was not present in service or manifest to a compensable degree within one year of service discharge and is not related to any incident of service.

The Veteran's non-ischemic cardiomyopathy is not attributable to service and is not attributable to exposure to herbicide agents. The Board denied the claim for service connection.

The Board has ordered the Veteran's treating facilities and private doctors to provide additional medical records for consideration. The appellant is also asked to complete a VA Form 21-4142 for all relevant providers.

The Board has remanded the case for further evidentiary development to determine whether the U.S.S. Constellation entered the territorial sea of Vietnam during the Veteran's service, and to schedule an updated VA examination to assess the nature and etiology of his skin disabilities.

The Veteran's death was service-connected, but the appellant was not awarded any additional burial benefits beyond the maximum of $1,000.00 due to her being buried in a private facility and not qualifying for full VA burial benefits.

The Veteran's daughter is being considered as a substitute for the deceased former spouse in the appeals for non-service connected death pension benefits and accrued benefits. The case is remanded to determine eligibility for substitution and readjudicate any claims.

The Board has vacated the March 7, 2019 decision addressing compensation under 38 U.S.C. § 1151 for a disability manifested by trouble sleeping and remanded the issue to conduct further development.

The Veteran's eligibility for Dependents' Educational Assistance (DEA) benefits was established in November 2016, effective May 20, 2003. The appellant filed a claim seeking DEA benefits after January [Redacted], 2012, but her delimiting date is January [Redacted], 2012 due to her 26th birthday. She did not meet the criteria for extending her eligibility beyond this date.

The Board has decided that the debt for educational benefits is valid and remanded to conduct an audit of the Veteran's educational record. The issue of waiver of overpayment was also remanded.

The Veteran's appeal is remanded due to the need for additional development regarding his educational assistance benefits under Chapter 33, Title 38, United States Code. The AOJ must explain why any periods of Army National Guard or Marine Corp Reserves service was not creditable service toward Post-9/11 GI Bill education benefits and provide an explanation for increasing the Veteran's educational rate from 60 to 70 percent.