Other conditions decisions — 2019

The Board denied the appellant's claims for higher DEA benefits rates, finding that the AOJ correctly calculated the amounts of entitlement to DEA benefits for the periods from September 19, 2016, to December 9, 2016, and from January 3, 2017, to March 22, 2017.

The Veteran's appeal is being remanded due to incomplete private treatment records and the need for additional information from the United States Railroad Retirement Board (RRB). The Veteran seeks recognition of his son, E.W., as a helpless child based on permanent incapacity for self-support prior to reaching age 18.

The Veteran's appeals for increased ratings for left and right hip DJD were denied. The Board found that the Veteran did not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Board has decided to remand the Veteran's claims for service connection for bilateral hip conditions, finding that the VA examination opinion is inadequate and VCAA notice is needed. The Veteran's bilateral hip replacements are secondary to his service-connected back condition.

The Veteran's appeal regarding a claim of clear and unmistakable error in the August 1988 rating decision is remanded for further development.

The Board granted service connection for bilateral hallux valgus and assigned a 10% initial disability rating from April 8, 2016. The effective date was set at April 8, 2016.

The appeal is remanded due to the failure to obtain VA medical records from the Mobile, Alabama Outpatient Clinic. The appellant was also given an opportunity to provide a representative.

The Veteran's right ear disability, including deformity and temperature sensitivities, is the result of VA surgery performed without his informed consent. The Board finds that the criteria for establishing entitlement to compensation under 38 U.S.C. § 1151 are met.

The Veteran's appeal for educational assistance benefits in excess of 70 percent under the Post-9/11 GI Bill was dismissed as moot because his entitlement to a full 100% rate was granted during the pendency of this appeal.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran’s death due to new and material evidence. The appeal is remanded for further development, including obtaining medical opinions regarding the relationship between the Veteran's death and his service, particularly any exposure to Agent Orange.

The Veteran's death certificate shows he was divorced at the time of his death, which bars the appellant from being recognized as his surviving spouse for VA Dependency and Indemnity Compensation (DIC) benefits.

The Board's decision was revised to restore the veteran's disability rating for Raynaud's disease from 20% to 50%, effective September 1, 1984. The original reduction in rating was found to be improper.

The Board denied the veteran's claim for an effective date earlier than December 1, 2016, for adding his child as a dependent for VA compensation purposes. The earliest possible effective date was assigned based on the date of receipt of the claim.

The Board has decided that the change in the Veteran's means test eligibility category from exempt to copay required for income year 2016 was proper. However, since the attachment to the Veteran’s December 2018 substantive appeal is not available and must be associated with the claims file before a decision can be made on the merits.

The Veteran's death was not caused by any service-connected disability, and there is no evidence linking his fatal conditions to his military service.

The Board has granted the reopening of the claim as to whether the appellant's character of discharge is a bar to payment of VA benefits, and remanded for further development including obtaining medical opinions regarding the appellant's mental state at the time of his discharge.

The Veteran's intervertebral disc syndrome resulted in abnormal gait prior to August 12, 2013. The Board granted a disability rating of 20 percent for this condition.

The Veteran's liver disability is being remanded for additional development due to the lack of a nexus between his service and his condition, despite his contention that it was caused by herbicide exposure.

The Veteran's surviving spouse died in September 2012, and the Appellant filed a claim for accrued benefits on November 2015. The Board found that the claim was not timely due to being more than one year after the death of the surviving spouse, thus denying the claim.

The Veteran's claim for an increased rating for bilateral mid-carpal instability was denied as he failed to respond to requests for a VA examination, and no good cause was provided.