Other conditions decisions — 2019

The Veteran's son does not have spina bifida and his mother is not a Vietnam Veteran, so the claim for benefits under 38 U.S.C. §§ 1805 or 1815 fails.

The Veteran's claim for a monthly housing allowance in San Diego, California is being remanded due to the need for additional development and consideration of new evidence.

The appeal was dismissed as the Veteran withdrew it before a decision could be made.

The Veteran's claim for service connection for a hip and lower extremity disability is denied. The Board found that the Veteran does not have a current diagnosis of a hip or lower extremity disability, and thus cannot establish entitlement to service connection.

The Veteran's claims for a compensable rating for osteoporosis and service connection for a left eye disability are being remanded due to incomplete information in the record. The Veteran is already at a 100% disability rating, so further increased ratings will not result in additional compensation.

The Board has determined that additional development is necessary to determine the nature and etiology of the Veteran's dental condition, including obtaining service treatment records from his period of active duty and private dental records. The Veteran will be scheduled for a VA dental examination to address these issues.

The Board has determined that additional development is needed to determine the etiology of the Veteran's right Achilles tendon disability and whether it is related to service or a service-connected condition.

The Veteran's claim for payment or reimbursement of medical services received at Mary Hitchcock Memorial Hospital is denied as he did not receive any VA medical services within the 24-month period prior to receiving the private emergency treatment.

The Veteran's request for a total disability rating based on individual unemployability (TDIU) is being remanded to schedule a Decision Review Officer (DRO) hearing.

The Board denied the Veteran's request for an earlier effective date of October 29, 2018, for adding her spouse to her VA disability compensation award. The decision found that the Veteran did not provide notice within a year of her marriage and thus the earliest possible effective date was assigned.

The Board has remanded the claims for service connection for left and right lower achilles tendonitis, as well as left and right shin splints. The Veteran is advised to provide any additional evidence that may support his claims.

The Board has decided to remand the claims for service connection for basal cell carcinoma and actinic keratosis due to conflicting opinions on whether these conditions are related to military service.

The Veteran's helpless child, R., is already in receipt of additional dependency benefits at the maximum rate due to his permanent incapacity for self-support prior to reaching age 18. The Veteran's appeal for a higher rate is denied as it does not meet the criteria.

The Board has remanded the case due to the need for additional medical records from Dr. Wilson.

The Board has remanded the case due to incomplete VA examination reports and requests for a new examination.

The Veteran's service-connected pectoralis muscle (left) surgical reduction was increased to a maximum disability rating of 30 percent effective October 12, 2018. The issue of entitlement to a compensable disability rating for the scar on the left pectoralis area is still pending and will be remanded.

The Veteran's patellofemoral syndrome with arthritis of the left and right knees are rated at 10 percent each, effective May 28, 2010. The Veteran is granted a TDIU effective from May 28, 2010.

The Board denied service connection for uterine fibroids and hysterectomy as secondary to uterine fibroids due to lack of current diagnoses or clinical residuals.

The Veteran's death was not the result of his own willful misconduct, but DIC benefits under 38 U.S.C. § 1318 are denied as he did not meet the criteria for total disability compensation for at least 10 years immediately preceding death. The claim of service connection for the cause of the Veteran’s death is remanded due to insufficient evidence regarding herbicide exposure.

The Board has decided that there may be outstanding private treatment records related to the Veteran's bilateral shin splints and has ordered them to be obtained. The decision is remanded for further action.