Other conditions decisions — 2019

The Veteran's appeal is remanded due to the need for a new examination to assess the current severity of his service-connected functional dyspepsia with chronic esophagitis.

The appeal is dismissed because the appellant died during the pendency of the appeal and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has determined that further action is needed to assess the current severity of the Veteran's bilateral shoulder disability due to a possible increase in his condition. The case is being remanded for a new VA examination.

The Board has remanded the case due to incomplete development regarding whether the Veteran's military service included duty or visitation in the Republic of Vietnam. The appellant is asked to provide additional information and evidence, including personal flight logs.

The Board has determined that the Veteran's service connection claim for residuals of a shrapnel wound to his right hip is granted, as there is evidence showing he sustained combat injuries in service and continues to experience pain related to those wounds.

The Board has denied the Veteran's claims for service connection for residuals of in-service head injuries and bilateral hearing loss disability due to lack of evidence supporting a causal relationship between these conditions and his military service. The case is being remanded for further development.

The Board found that the reduction in VA disability compensation benefits due to concurrent receipt of military pay for FY 2015 was proper and denied the Veteran's appeal.

The Board denied the Veteran's claim for VA benefits due to his discharge from military service under other than honorable conditions, which is a bar to VA compensation benefits.

The appeal regarding the proper date of termination for VA benefits and the amount of resulting overpayment has been withdrawn by the appellant. As a result, the appeal is dismissed.

The Board has decided to remand the case due to concerns about the Veteran's competency in handling VA funds, and requests that a new examination be scheduled.

The Board found that the reduction of the Veteran's VA nonservice-connected disability pension benefits was proper and denied entitlement to increased pension benefits.

The Board has denied the Veteran's claims for service connection for right thumb, left hand ring finger, and left foot disabilities due to a lack of evidence showing current disability or etiology from in-service events. The PTSD claim is being remanded as there are indications it may be related to service.

The Veteran's appeal of an increased rating for her service-connected residuals of a left total hip arthroplasty (previously rated as limitation of extension of the left thigh) is dismissed. The Board also remanded the issue of initial compensable rating for service-connected limitation of flexion of the left thigh.

The Veteran's appeal of his service connection claim for equilibrium imbalance as secondary to his service-connected bilateral hearing loss disability has been dismissed due to the Veteran's death.

The Veteran's claim of CUE in the September 1971 rating decision that denied his dental trauma claim is being remanded for further consideration. If not rendered moot, the request to reopen the dental disorder claim will be adjudicated after considering all pertinent evidence and legal authority.

The Board has remanded the Veteran's claims for additional development, including obtaining medical opinions and VA examinations. The issues include compensation under 38 U.S.C. § 1151 for amputation of the left foot and leg due to a surgical procedure, service connection for a right hip/leg disorder secondary to lumbar strain with progression to degenerative disc disease (DDD) of L3-4 and/or degenerative arthritis of the left hip, and an increased rating for back disability.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for purposes of establishing eligibility for VA death benefits, including DIC, death pension, and accrued benefits. The evidence showed that the appellant was not legally married to the Veteran at the time of his death.

The Board has decided that the Veteran's mandibular disability, claimed as myofascial pain due to severe bruxing, is related to service and remanded for further examination.

The Board denied the appellant's claim for nonservice-connected death pension as of November 1, 2015 due to her income exceeding the maximum annual pension rate (MAPR).

The Board denied the appellant's application to reopen her claim of service connection for the cause of the Veteran’s death, finding that new and material evidence had not been received.