Other conditions decisions — 2019

The Veteran's claim for service connection for atrial septal defect was denied in November 1980, and the effective date of this decision is not eligible for adjustment as it has already become final. The Veteran filed to reopen his claim on November 25, 2013, which resulted in a grant of service connection for atrial septal defect based on evidence from a VA examination conducted in March 2016.

The Veteran's right and left hip bursitis conditions have been rated at the maximum allowed under current VA regulations, with no additional functional loss or impairment found during examinations. The appeal is remanded due to the need for further evaluation of his service-connected hip conditions.

The Board has remanded the cases due to insufficient medical evidence and conflicting opinions regarding the Veteran's claimed conditions. The Veteran is required to undergo further examinations to determine if his conditions are related to service.

The appellant wishes to withdraw her appeal for nonservice-connected burial benefits, and the Board has dismissed the appeal as a result.

The Board has determined that the appellant is the Veteran's surviving spouse for purposes of entitlement to VA benefits, as they were legally married at the time of the Veteran’s death and the appellant did not remarry.

The Veteran's son, the Appellant, is denied accrued benefits for reimbursement of expenses for his mother's last sickness as he does not qualify as a child and has not presented evidence that he paid for all or part of her last illness and burial.

The Veteran's pleural plaques with calcification of the lungs are found to be due to asbestos exposure during service, and his claim for service connection is granted.

The Veteran's surviving spouse is not eligible for nonservice-connected death pension benefits due to exceeding the maximum annual income limit.

The Veteran's ulcerative colitis was granted a rating of 10 percent prior to December 1, 2016 and a rating of 30 percent beginning from December 1, 2016. The remaining issues were remanded for further review.

The Board denied the DIC claim because the appellant (G.J.) is not an eligible claimant as he does not meet the statutory definition of a 'child' for purposes of receiving DIC benefits.

The Veteran's right-hand disability, separate and apart from the service-connected right fifth finger, is being remanded for further development to determine if it is related to his military service.

The Board has denied the Veteran's claims for service connection for residuals of an injury to face, jaw and cheek and Guillain-Barre syndrome due to lack of a current disability. The case is remanded for further action regarding the Guillain-Barre syndrome claim.

The Veteran's left foot metatarsalgia disability is rated at 20 percent, which reflects moderately severe symptoms including pain on movement and non-weight-bearing, swelling, disturbances of locomotion, interference with standing, and lack of endurance. The benefit of the doubt has been resolved in favor of the Veteran.

The Board has remanded the case due to inadequate reasons and bases for denying service connection for the cause of the Veteran's death based on a November 2003 Agent Orange Examination. The claim is now being reviewed with an independent medical expert.

The Board has decided that the Veteran's claim for service connection for a bilateral foot condition, to include a fungal condition, should be remanded due to conflicting opinions in the VA examination report and potential exposure to DDT.

The Veteran's service-connected left foot disability, which includes metatarsalgia and abnormal parabola due to shortening of the first metatarsal, is rated at 40 percent effective September 8, 2010. Additionally, entitlement to special monthly compensation for loss of use of the left foot is granted effective September 8, 2010.

The overpayment debt of $31,080 was determined to be validly created due to the Veteran's failure to report his receipt of Social Security Disability benefits. The remaining portion of the debt has already been waived by a previous decision, and thus only the initial overpayment is addressed here.

The Veteran's claim for an effective date prior to September 1, 2013 for the award of additional compensation for a dependent step-child was denied as VA did not receive a complete claim before that date.

The Veteran's appeal for service connection for scoliosis is remanded due to the lack of a hearing and an opinion regarding causation. The increased rating claim for her left hip condition is also remanded as no statement of the case has been issued.

The Veteran's appeal is being REMANDED for further development, including obtaining VA and private treatment records, scheduling an eye examination, and readjudicating the issues of a higher rating for left eye disability and SMC in excess of the 38 U.S.C. § 1114(k) rate.