Other conditions decisions — 2019

The appellant's application for accrued benefits was denied because it was received more than one year after the Veteran's death.

The Veteran's claim for recognition of T. as a helpless child on the basis of permanent incapacity for self-support prior to attaining the age of 18 is granted with payment at the helpless child rate beginning on August 2, 2014.

The Board has determined that the Veteran's ulcerative colitis is related to his military service and grants service connection for this condition.

The Board has remanded the case due to insufficient consideration of service connection for hypogonadism, including as due to exposure to herbicides. A supplemental opinion is needed from a VA clinician to address whether there is a nexus between the Veteran's active service and his condition.

The Board denied the Veteran's claims for service connection and disability compensation pursuant to 38 U.S.C. § 1151 for right testis removal status post benign right paratesticular cystadenoma and simple cyst, finding no evidence of a nexus between the condition and his military service or any service-connected disabilities.

The Board has remanded the cases of service connection for tremor of the right upper extremity and TDIU rating due to inextricably intertwined issues. The Veteran must provide updated medical records, complete a TDIU claim form, and undergo an examination.

The Board has remanded the claims for service connection for a skin disorder and entitlement to TDIU due to issues with scheduling of VA examinations, lack of notification, and incomplete medical records.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's diverticular disease/diverticulitis was incurred during or due to any period of verified Active Duty for Training (ACDUTRA).

The Board has decided to remand the Veteran's claims for bilateral calf disabilities due to the need for further examination and evaluation. The Veteran is seeking a higher rating for his service-connected calf strains, which he believes should be rated as varicose veins.

The appeal is dismissed due to the Veteran's death.

The Veteran's claim for a higher rating for radiculopathy of the left upper extremity and entitlement to TDIU was granted, with the effective date being January 22, 2015, and October 6, 2015 respectively. The attorney fees are denied as the Veteran does not believe E.L. did enough work on his case.

The Veteran's death was not service-connected, and thus he did not meet the criteria for nonservice-connected burial benefits. The appeal for accrued benefits in pension with need for aid and attendance is also denied.

The Board has determined that new and material evidence was received to reopen the claim of service connection for Raynaud's disease. The Veteran experienced Raynaud's phenomenon during active service, and the condition is presumed to have originated in service. Therefore, the claim for service connection for Raynaud's disease is granted.

The Veteran's service-connected right foot disability is rated at 30 percent, which is the maximum schedular rating available for a unilateral foot disability without actual loss of use. The Board denied an increased rating higher than 30 percent.

The Board denied recognition as the Veteran's surviving spouse due to a legally valid divorce in May 2013, which is not considered for VA purposes.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance from March 25, 2010 to June 16, 2010 is denied as he did not meet the minimum schedular requirements for SMC under 38 U.S.C. § 1114(s).

The Board denied the Veteran's claim for an earlier effective date for a 80% disability rating for her service-connected narcolepsy, finding that the earliest evidence of entitlement to this rating was in September 1992.

The Veteran's death benefits claim for the appellant as his surviving child was denied because her birth certificate did not indicate that he was her biological father, and there is no evidence of legal adoption or marriage. The appellant does not have standing to bring a claim for DIC benefits, death pension benefits, and accrued benefits.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board found that the RO correctly calculated the Appellant's countable income from November 1, 2017 to January 31, 2018. However, it incorrectly calculated her income and countable income for the period February 1, 2018 to November 30, 2018.,For the period December 1, 2018 to January 31, 2019, the RO correctly calculated the Appellant's countable income. However, it incorrectly calculated her unreimbursed medical expenses and countable income from February 1, 2019 to present.