Other conditions decisions — 2019

The Board has granted the Veteran's claim of service connection for an acquired psychiatric disability, diagnosed as schizoaffective disorder, finding that it is at least as likely as not related to his active service.

The Veteran's claim for TDIU has been remanded due to the submission of additional VA treatment notes and inpatient substance abuse treatment records. The AOJ needs to consider these new pieces of evidence before making a decision.

The Board denied the Veteran's claim for service connection of a bilateral eye disability, finding no indication that he currently has such a condition and noting that his decreased visual acuity is not related to his military service.

The Board has remanded the claims for special monthly compensation and total disability rating based on individual unemployability due to insufficient evidence regarding the Veteran's ability to work.

The Veteran's appeal for service connection for cancer of the larynx, which was linked to Agent Orange exposure, has been dismissed due to his death. The Board does not have jurisdiction to adjudicate this appeal as he died during its pendency.

The Veteran's claim for an earlier effective date for additional compensation for his current dependent spouse is denied, and the issue of entitlement to SMC based on a spouse's need for aid and attendance is remanded.

The appeal for service connection of a respiratory disorder, including pulmonary fibrosis, is dismissed due to the appellant's death.

The Board denied the veteran's claim for service connection and found that his character of discharge was other than honorable, thus barring him from VA benefits.

The Veteran's TDIU claim is being remanded for consideration of additional VA treatment records.

The Veteran's claim for VMLI was denied because he had not been approved for a specially adapted housing grant prior to his death, and the basic criteria for eligibility to establish entitlement to VMLI have not been met.

The Board has determined that the Veteran's pre-existing bilateral pes cavus was noted at entry into service and there is sufficient evidence of in-service aggravation to apply the presumption of aggravation. The Board found that clear and unmistakable evidence does not exist to show that the Veteran's pes cavus was a congenital defect or not aggravated during service.

The veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code was denied as the commencing date of the award cannot be earlier than one year prior to the date of receipt of the claim.

The Board granted an effective date of June 21, 1999 for the awards of service connection for blepharitis and orchalgia. An initial 20 percent rating was also granted for blepharitis. The issue of entitlement to an extraschedular rating for orchalgia is remanded.

The Veteran's death was not caused by a service-connected condition, and therefore DIC benefits are denied.

The Veteran's children, J.G.A. and J.M.A., are not entitled to an apportionment of the Veteran’s VA benefits due to the appellant failing to demonstrate that the Veteran has not been reasonably discharging his responsibility for their support or showing financial hardship.

The Veteran's surviving spouse is recognized for purposes of eligibility for VA death benefits.

The Veteran's son, J.H. III, is entitled to recognition as the helpless child of the Veteran due to permanent incapacity for self-support prior to reaching age 18. The VA needs to obtain SSA records related to J.H. III and then readjudicate the case.

The Veteran's service-connected dysthymic disorder has rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for a total disability rating based on individual unemployability (TDIU).

The Veteran's OCD and alcohol dependence are currently rated at 30 percent, but he seeks a higher rating. The Board has ordered the case to be remanded for an examination to assess the current severity of his service-connected OCD.

The Board has remanded three issues: right hand scaphoid with recurrent condition, radiculopathy of left upper extremity of the back, and radiculopathy of right upper extremity of the back. The Veteran's testimony and treatment records indicate ongoing symptoms that may be related to his service-connected conditions or a separate cervical spine disability.