Other conditions decisions — 2019

The Veteran's service-connected right calcaneal spur is rated at 30 percent, which is the highest rating available under VA regulations.

The Board has determined that the Veteran does not have a current diagnosis of a stroke and therefore, service connection for a stroke is denied.

The Veteran's right mental nerve paresthesia is rated at 10 percent, and the Board finds that a higher rating is not warranted due to moderate incomplete paralysis of the fifth cranial nerve.

The Veteran's disability rating for residuals of squamous cell carcinoma of the left upper lobe of the lung was initially granted at a 10 percent rate prior to February 2, 2017. As of February 2, 2017, his disability rating was increased to 100 percent.

The Board has granted a 30 percent rating for the Veteran's left facial nerve neurapraxia, effective from the date of her claim. The disability is characterized as severe incomplete paralysis.

The Board has not completed the remand instructions for determining if TDIU on an extraschedular basis is warranted. The case is being returned to the RO for compliance with these instructions.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for VA benefits purposes because she was legally divorced from the Veteran at the time of his death.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's potassium depletion is caused by his service-connected hypertension.

The Veteran's claims for increased ratings for bilateral foot fungus and bilateral hearing loss have been denied as the evidence does not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Veteran's motion for revision due to clear and unmistakable error (CUE) in a May 2016 Board remand is dismissed because the remand was not a final decision.

The Board denied a request to grant an earlier effective date for the award of DIC benefits, stating that no accrued benefits were due and unpaid at the time of the Veteran's death.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current right foot skin disorder is related to his service.

The Board denied the Veteran's request for a waiver of overpayment of Post-9/11 GI Bill education benefits, finding that recovery would not be against equity and good conscience due to the Veteran's financial resources.

The Veteran's claim for an earlier effective date for a 30 percent rating for cold weather residuals is denied as there is no objective evidence of record to substantiate the Veteran’s symptomology prior to May 17, 2006.

The Board denied the appellant's claims for recognition as a surviving spouse for nonservice-connected death pension benefits and entitlement to service connection for the cause of the Veteran’s death. The Board found that there was no evidence linking any disability to service or contributing to the Veteran's death.

The Board denied the appellant's petition to reopen her claim for service connection for the cause of the Veteran’s death, as well as her claims for nonservice-connected death pension benefits and accrued benefits. The decision also found that she did not meet the legal requirements for these benefits.

The Board has remanded the case due to an incomplete VA medical opinion regarding whether the Veteran's service-connected cerebrovascular accident contributed to his death as defined by a specific regulation.

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 withdrew all his pending claims on appeal, leading to the dismissal of the case.

The Veteran's claims for increased ratings and effective dates were denied. The decision did not address service connection or exposure basis.