Other conditions decisions — 2019

The Veteran's appeal is being remanded for a new VA examination to assess the severity of her left thumb hyperesthesia due to radial nerve injury and for obtaining identified outstanding treatment records. The issue of entitlement to TDIU is also inextricably intertwined with the current claim and must be deferred.

The Veteran's death did not result in any unpaid VA benefits, and thus the claim for accrued benefits is denied.

The Veteran's character of discharge was upgraded to under honorable conditions, allowing him to receive VA benefits.

The Board has determined that the Veteran's joint pain, other than of the feet, left shoulder, low back, left knee, and left hip, is due to a medically unexplained chronic multisymptom illness. As such, service connection for this condition is granted.

The Veteran's left hip disability, including limitation of flexion, extension, and adduction, is granted with a 10 percent rating. The Veteran also has service connection for an acquired psychiatric disability (depressive disorder).

The Board granted a 40 percent rating for the service-connected residuals of an injury to the right femur, finding it severe in nature. The ratings for left and right hip disabilities were denied as they did not meet the criteria for increased disability.

The Board denied the Veteran's claim for service connection of a back disability, finding that his pre-existing Scheuermann's Disease did not become aggravated by military service.

The Board denied the appellant's claims for one-time payment from the Filipino Veterans Equity Compensation Fund, DIC benefits, nonservice-connected death pension benefits, and accrued benefits due to lack of qualifying service. The appellant’s deceased spouse did not have status as a veteran for purposes of these VA benefits.

The Board has remanded the case to consider whether a TDIU on an extraschedular basis is warranted prior to April 6, 2015. The Veteran's service-connected disabilities and employment history will be reviewed for this determination.

The Board denied the reduction of VA improved pension benefits due to additional countable income for the annualized year of February 1, 2010 through February 28, 2011.

The Veteran is found not competent to handle disbursement of VA funds due to his mental health conditions and inability to manage finances.

The petition to reopen the claim of entitlement to service connection for residuals of a left leg injury was denied. The Veteran's claims for heart condition, major depressive disorder, and migraine headaches were also denied.

The Board has decided to remand the case due to a lack of recent VA examination, and the Veteran needs to be examined again for his service-connected mental disorder.

The Board has found that remand is necessary to obtain additional medical records and service personnel records, as well as SSA records. The Veteran's claim for service connection for leukemia will be returned for further development.

The Veteran's attorney, R.C., received an award of attorney fees in a September 2014 Board decision that granted an earlier effective date for the award of Total Disability Rating due to Individual Unemployability (TDIU). The Veteran has submitted a notice of disagreement with this decision and no SOC addressing his NOD has been issued. The case is being remanded to issue such an SOC.

The Veteran's VA non-service-connected disability pension benefits were reduced due to his receipt of Social Security Administration (SSA) benefits, and the reduction was determined to be proper.

The Veteran's right and left foot hallux valgus have been rated at 10% each, as moderate. The Veteran's bilateral pes planus has also been granted a 10% rating.,The Veteran's increased ratings for hallux valgus are denied.

The Board has granted a $323.00 per month special apportionment of the Veteran's VA disability compensation for the appellant/estranged spouse, finding that hardship was established and that this amount does not result in undue hardship on the Veteran.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 29, 2013 at DeSoto Memorial Hospital is denied because the evidence does not support that her situation was an emergency and a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous.

The Veteran's service-connected compartment syndrome of the right and left legs are currently rated as noncompensable, with no evidence supporting a higher rating prior to September 18, 2017. The current ratings reflect slight muscle injuries.