Other conditions decisions — 2019

The Veteran's claim for an initial rating higher than 30 percent for restrictive lung disease with dyspnea and other respiratory symptoms is remanded due to the need for a new examination by a pulmonologist.

The Veteran's claim of entitlement to service connection for a left eye disability is granted, but the issue is remanded due to the need for a VA examination.

The Board previously denied the Veteran's claim for service connection for a tonsil disability, including left tonsil squamous cell carcinoma. The Court of Appeals for Veteran’s Claims has ordered a remand due to lack of substantial compliance with previous instructions regarding examination findings and rationale. A new VA examiner opinion is needed to properly adjudicate the Veteran's claim.

The Board denied the veteran's request for retroactive payments for Dependents' Educational Assistance (DEA) benefits as the notice of disagreement was not timely filed.

The Board denied the Appellant's claim to be recognized as the Veteran’s surviving spouse due to her marriage not meeting the legal requirements for a common law marriage in Ohio.

The Board denied the claim for Dependency and Indemnity Compensation (DIC) on the basis of service connection for the cause of the Veteran’s death, finding that dementia did not have its onset in service or was otherwise related to service. The Board also found that a service-connected disability did not cause or contribute substantially or materially to the Veteran's death.

The Veteran's income exceeded the maximum annual pension rate for a veteran with one dependent and need for aid and attendance, so he is not eligible for non-service-connected disability pension benefits.

The Veteran's left thumb disability is rated at a 10 percent rating, effective December 5, 2019. The Board has found that the evidence supports this rating and has also remanded for further development regarding TDIU.

The Board is remanding the case to determine if the overpayment of VA compensation benefits was properly created due to incarceration and apportionment, and to consider the validity of the debt.

The Board has remanded the Veteran's claims for service connection for a skin condition, including follicular hyperkeratosis with seborrheic keratosis, and for an increased rating for bilateral plantar fasciitis. The TDIU claim is also remanded as intertwined with the other issues.

The Veteran's cause of death was not determined to be service-connected, as there is no evidence linking his heart conditions to his military service or any presumptive exposure to herbicides.

The Board has remanded the case due to insufficient medical opinions regarding the cause of death and issues related to obtaining private treatment records.

The Board has decided to remand the case due to insufficient compliance with previous remand directives and an incomplete medical opinion. The Veteran's gynecological condition needs further evaluation.

The Board denied the Veteran's claim for payment or reimbursement of costs for repairing a drive prowler four-wheel heavy duty scooter due to misuse and misoperation by the Veteran.

The Veteran's claim for service connection for a bee sting allergy was denied because the new evidence submitted did not relate to an unestablished element of the claim or raise a reasonable possibility of substantiating the claim.

The Board has determined that the Veteran has exhausted his entitlement to additional education benefits under Chapter 33 (Post-9/11 GI Bill) and cannot receive any further benefits.

The Veteran's initial disability ratings for residuals of a cold injury to the right and left hands have been granted, with increased ratings from March 15, 2018. The issues of effective dates prior to December 13, 2016 for service connection on the feet are remanded.

The Board has decided that the change in the Veteran's means test eligibility category from copay exempt to copay required for income year 2016 was improper and has remanded the case for further action.

The Board has remanded the Veteran's claims for service connection for syphilis and an eye disability as due to syphilis, as well as his claim for TDIU. The claims are being remanded because a VA ophthalmologist is needed to determine if any current eye condition is related to the Veteran's treatment for syphilis.

The Board has decided to remand the case due to insufficient information on the Appellant's income and medical expenses, which are necessary for determining her eligibility for nonservice-connected death pension.