Other conditions decisions — 2019

The overpayment of VA additional compensation benefits for B. as a spouse was properly created and the appeal is denied.

The Board has determined that the reduction in the disability rating for limitation of extension of the left hip/thigh associated with trochanteric pain syndrome from 10 percent to zero percent was not proper and has granted restoration to a 10 percent rating. The remaining issues on appeal are remanded.

The Veteran's ovarian cancer, hysterectomy with right salpingo-oophorectomy and pelvic lymph node dissection, lymphedema, and urinary incontinence are all found to be related to her service. Service connection is granted for these conditions.

The Veteran's appeal is remanded due to the need for compliance with Correia and Sharp decisions, as well as consideration of different Diagnostic Codes.

The Board has remanded the case due to a lack of academic records showing that the Veteran's children were full-time students after they turned 18. The AOJ must review this evidence and prepare an SSOC considering it.

The Board denied the appellant's claim for an apportionment of the Veteran’s VA benefits because they were not married at the time she filed her claim, and thus did not meet the criteria to be considered a proper claimant.

The Board found that the November 6, 2017 VA Form 9 was not timely filed due to a lack of clear evidence to rebut the presumption that the August 16, 2017 SOC was mailed to the Veteran and her representative.

The Veteran's right thumb disability, including a metacarpal fracture with malunion and degenerative joint disease, is rated at 10 percent since February 10, 2010. The rating will remain in effect until further notice.

The Veteran's medical expenses for treatment at St. Vincent’s Medical Center on January 15, 2014 are granted as the condition was an emergent one and VA facilities were not feasibly available.

The Board denied the Veteran's motion to revise or reverse a July 1990 rating decision that denied service connection for left groin strain, finding no CUE and concluding that the correct facts were before the adjudicator at the time.

The Veteran's service-connected lichen planus with subsequent scarring caused irreparable damage to his outer garments due to the use of triamcinolone acetonide ointment, and the Board granted a clothing allowance for this condition in the 2016 calendar year.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance or housebound status has been dismissed due to the death of the Veteran.

The Veteran's right little finger disability is granted an initial increased, 10 percent disability rating.

The Veteran's cognitive disorder, including brain and motor dysfunction, with associated symptoms of headaches, tinnitus, and dizziness, is rated at a 70 percent disability rating prior to October 23, 2008.

The Veteran's service is not considered to be a qualifying period for VA nonservice-connected pension benefits because he did not serve the requisite 90 days during a period of war. Therefore, his claim must be denied as a matter of law.

The Board denied the Veteran's request for a commencing date later than December 4, 2017 for his Montgomery GI Bill extension due to the lack of legal merit under applicable regulations.

The Veteran's request to transfer his Post 9/11 GI Bill (Chapter 33) education benefits to his daughter, K.C., was denied because there is no evidence that the service department approved a transfer request. The decision rests solely with the service department and not VA.

The Veteran's surviving spouse is seeking earlier effective dates for special monthly compensation (SMC) under two different sections of the U.S. Code, based on her need for regular aid and attendance. The Board has decided to remand these issues for further review by the Agency of Original Jurisdiction.

The Veteran's left hip prosthesis was not caused by VA negligence or fault, and the claim is denied.