Other conditions decisions — 2019

The Board found no evidence of carelessness, negligence, or error in judgment by VA that caused additional disability. The leg length discrepancy and staphylococcus infection were considered reasonably foreseeable events.

The Veteran's service is not considered qualifying for VA non-service-connected disability pension benefits due to his discharge being due to a preexisting condition, and he did not serve 90 days or more in active duty.

The Board denied the appellant's request to extend his delimiting date for DEA benefits under Chapter 35, Title 38, United States Code due to lack of legal basis. The appeal was not about service connection.

The Veteran's genital herpes simplex is being remanded for further evaluation and consideration of the appropriate rating criteria prior to August 30, 2002.

The Veteran's stroke residuals are being remanded for a new VA examination to determine if they are related to his service, including herbicide exposure.

The Board denied the veteran's request for an effective date other than August 26, 2015 for education benefits under Chapter 33 (Post-9/11 GI Bill) due to her irrevocable election of Chapter 33 benefits in lieu of Chapter 30 benefits effective August 26, 2015.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits because she was over the age of 26 when her father became permanently and totally disabled.

The Veteran's claim for a higher rating for his left femur fracture residuals is remanded due to the need for an examination to assess current severity and manifestations.

The Veteran's acquired psychiatric disorder, diagnosed as a mood disorder, is granted service connection secondary to his service-connected left shoulder and hernia disabilities. The claim for TDIU is denied.

The Veteran's service-connected glomerulonephritis is rated at 60 percent from November 16, 2016. The appeal was granted for this issue.

The Veteran's claim for an earlier effective date for additional compensation for her dependent children is denied. The correct effective date is September 20, 2013 (payable from October 1, 2013).

The Board denied the Veteran's claim for an earlier effective date for dependency benefits due to his spouse, V.D.H., as there was no evidence that VA was informed of his marriage prior to May 19, 2015.

The Board denied the veteran's child's application for death pension benefits due to the appellant's income exceeding the maximum annual pension rates.

The Veteran's right knee disability is currently rated as 10 percent disabling. The claim for a higher rating remains denied.,The Veteran's left knee disability was previously rated as 10 percent prior to January 15, 2016, and 20 percent thereafter. Both claims are now denied.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the submission of additional VA treatment records.

The Veteran's surviving spouse is granted a death pension of $105 per month beginning October 1, 2016.

The Veteran's cause of death, malignant brain glioma, is not service-connected as it did not originate in service or due to herbicide exposure. The Board found the medical evidence more probative than the appellant's lay assertions.

The Board denied the Veteran's claim for service connection for groin pain, finding that there is no current clinical diagnosis of a groin disability and that the Veteran's symptoms do not rise to the level of a disability under Saunders v. Wilkie.

The Board denied the claim for accrued benefits as the Veteran's widow did not qualify due to her income exceeding the applicable maximum annual pension rate (MAPR). The Appellant-son was not paid for his caregiving services, but his mother's countable income exceeded the MAPR.

The Veteran's claim for a higher disability rating and effective date for residuals of a perforated colon was granted, with the effective date set at March 19, 2009.