Other conditions decisions — 2019

The Board denied service connection for joint pains and bilateral hearing loss, finding no evidence of a qualifying chronic disability or undiagnosed illness that existed for at least 6 months.

The Veteran's claim for service connection for bilateral flatfoot condition is granted. The issue of entitlement to a disability rating in excess of 10 percent for scar, status post cyst removal right wrist and the issue of entitlement to a noncompensable rating for broken right pinky finger are remanded.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her income exceeded the Maximum Annual Pension Rates (MAPR) for all periods on appeal.

The Veteran's appeal regarding the timeliness of her December 20, 2016 Notice of Disagreement (NOD) was dismissed as she and her attorney withdrew their appeal.

The Board denied the claim for an effective date prior to February 16, 2012, for the award of DIC benefits. The appellant's claim was not received within one year after the Veteran’s death and thus, the award is dated from the date of receipt of the application.

The Veteran's degenerative joint disease of the toes is granted as secondary to his service-connected onychomycosis. The rating for his onychomycosis remains remanded due to a need for an addendum opinion regarding the use of Kenalog.

The Veteran's compensable rating for alopecia is being remanded due to the need for a new VA examination to assess the current severity of his service-connected condition.

The Board has decided that the Appellant did not receive a Statement of the Case for her survivor's pension benefits claim, and therefore the case is being sent back to the AOJ for proper mailing.

The Board found that the Veteran did not file a timely substantive appeal regarding the January 2012 statement of the case, which denied his claim for service connection for esotropia and eye disability.

The Veteran's service connection claim for residuals of a right big toe fracture is granted due to the evidence showing he sustained a fracture during his first period of active duty and has current functional loss related to that injury.

The Veteran and the appellant entered into a valid common-law marriage in Alabama, which was recognized for VA benefits purposes. The appellant is therefore considered an eligible surviving spouse for dependency and indemnity compensation (DIC) benefits.

The Board has granted the Veteran's claim for service connection for bilateral hip arthritis, secondary to his service-connected degenerative arthritis of the lumbar spine. The decision is based on credible lay and medical evidence indicating that the Veteran's current bilateral hip disability is caused by his service-connected lumbar spine condition.

The Veteran's claim for an earlier effective date for the grant of service connection for nephropathy is denied.

The Veteran's claim for service connection for atrial fibrillation has been reopened and is now pending. The new evidence, a positive medical opinion linking the condition to Agent Orange exposure during service, supports reopening of the claim.

The Veteran's claim for Post-9/11 GI Bill (Chapter 33) education benefits was denied due to insufficient active service. The decision is remanded to obtain her complete military personnel records and service treatment records, including any Air National Guard service.

The Veteran's claim for service connection for bilateral TMJ derangement with mild capsulitis and bilateral masticatory myalgia is granted, effective September 5, 1979.

The veteran's combined VA education benefits are limited to 48 months. The appeal is denied as the veteran has already received the maximum 48 months of educational assistance in total.

The Veteran's son, F.J., was not found to be permanently incapable of self-support prior to his 18th birthday. The extensive employment history since F.J.'s 18th birthday is considered prima facie evidence that he was capable of self-support.

The Veteran's wife, B.M.B., died in 2009 and was awarded an aid and attendance allowance. The appellant, who is the adult daughter of B.M.B., applied for accrued benefits on her behalf. However, she was not entitled to these benefits solely by virtue of her status as a child. She may be entitled to some of the accrued but unpaid benefits if she can provide proof that she paid for last sickness and burial expenses herself. The Board is requesting more detailed information from the appellant regarding these expenses.

The Veteran's service is considered dishonorable, and he does not have qualifying service to establish basic entitlement to nonservice-connected pension benefits.