Other conditions decisions — 2019

The Board has remanded the Veteran's claims for entitlement to an extraschedular rating for his left eye disability and entitlement to a TDIU due to unclear evidence regarding which symptoms are attributable to the service-connected condition. The case is being returned for further development.

The Veteran's death was not service connected, and the appellant did not meet the criteria for nonservice-connected burial benefits. The claim is denied.

The Veteran's spouse was denied status as a surviving spouse for VA death pension benefits due to her remarriage, which precluded her from meeting the legal requirements for recognition as the Veteran’s 'surviving spouse' under 38 C.F.R. § 3.55(2).

The Veteran's claim of service connection for a dental disability, for treatment purposes, is remanded due to the need for VHA to determine eligibility under VA regulations.

The Board has determined that the Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, thus denying his claim for TDIU.

The Veteran's cause of death, carcinoma of the colon (colon cancer), was not found to be related to his service or any service-connected disability. The Board denied the claim for service connection.

The Veteran's service-connected disabilities, including total abdominal hysterectomy and bilateral oophorectomy, adjustment disorder, bowel incontinence, cervicitis, bladder incontinence, ovarian cyst rupture, and meralgia paresthetica of the left thigh, have rendered her unable to secure or follow a substantially gainful occupation.

The appellant's claim for burial benefits was denied because the personal funds used to pay the Veteran’s funeral and burial expenses were not her own, but those of his surviving spouse.

The Board has expanded the Veteran's claim to include all psychiatric disorders and has ordered a new VA examination to determine the nature and etiology of his acquired psychiatric disability, including PTSD.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for the cause of the Veteran's death. The case is being remanded for further evaluation regarding the relationship between the Veteran's death and his service.

The reduction of the rating for cancer of the larynx metastatic to the neck node from 100% to noncompensable, effective October 1, 2014, was proper.,The severance of SMC at the housebound rate, effective April 1, 2015, was proper.

The waiver of recovery of the overpayment of improved pension benefits in the calculated amount of $12,767 is not precluded by fraud, misrepresentation or bad faith on the Veteran's part. The case is remanded for further consideration under the standard of equity and good conscience.

The Veteran's appeal is denied as he did not meet the eligibility requirements for Post-9/12 GI Bill educational assistance benefits due to his service being entirely IADT and ROTC obligations, which are excluded from active duty service.

The Board found that the reduction of the rating for TMJ syndrome from 20 percent to 10 percent, effective October 1, 2016, was not proper and is void ab initio.

The Veteran's cause of death, myocardial infarction, is presumed to be related to his service in the Republic of Vietnam and thus service connection for the cause of death is granted.

The Board has remanded the case due to the need for a VA medical opinion regarding whether the appellant was insane at the time of misconduct leading to his discharge.

The Veteran's claim for Post-9/11 GI Bill education benefits is being remanded due to the need to consider whether he can elect these benefits despite a provision that prevents duplication of educational assistance.

The Veteran's claims for retroactive induction into a vocational rehabilitation program and payment of subsistence allowance during OTJ training following induction into a VR&E program are denied. The Board found that the criteria for both claims were not met, including lack of evidence of reasonable need for services and participation in an OTJ training program.

The Board has remanded the case due to a need for a VA examination to assess the current status of the Veteran's service-connected thoracic spine disability.

The Veteran's actinic keratosis and basal cell carcinoma have been granted service connection. However, the issues of right knee disability, right Achilles tendonitis, cervical spine DDD and DJD, bilateral plantar fasciitis, and residual scar from squamous cell carcinoma of the nose are remanded for further examination and opinion.