Other conditions decisions — 2019

The Board has determined that the Veteran's current cold sensation and sensitivity to temperature in his feet are likely due to exposure to extreme cold weather during service in Alaska, granting service connection for residuals of bilateral cold foot injury.

The Board found that the termination of DIC benefits due to remarriage was proper and granted a waiver for an overpayment of $15,530.25.

The Veteran's right knee disability has been rated at 10 percent since May 21, 2014. The VA examiner found no limitation of flexion during the examination and concluded that the Veteran’s symptoms do not warrant a higher rating.

The Board has granted service connection for a left hip disability and dismissed the appeal regarding an increased rating for lumbar radiculopathy, left lower extremity.

The Board has determined that the Veteran's bilateral inguinal hernia began during his active service and granted service connection for this condition.

The Board denied service connection for dry eye syndrome and other residuals of in-service LASIK eye surgery as the evidence did not show an in-service disease or injury that caused these conditions.

The Board denied the Veteran's claim for service connection for a spine disorder, finding that there was no medical evidence establishing a link between her current spinal condition and an in-service injury or disease. The examiner could not provide a clear opinion without resorting to speculation.

The Veteran's 100 percent rating for non-Hodgkin’s lymphoma with anemia and thrombocytopenia is restored, effective April 1, 2015. SMC at the housebound rate is continued, also effective April 1, 2015.

The Board has remanded the Veteran's claims for service connection for back pain, residuals of an eye injury, and sinusitis due to lack of relevant treatment records and insufficient medical opinions.

The Veteran's claim for an earlier effective date for SMC benefits has been remanded due to the Veteran's request and his desire not to have the case reviewed by the Board.

The Veteran's surviving spouse was denied death pension benefits due to her annual income exceeding the maximum annual pension rate for a surviving spouse with no dependents.

The Board denied compensation under 38 U.S.C. § 1151 for ileoinguinal nerve injury, finding that the Veteran's disability was not proximately caused by VA carelessness, negligence, or error.

The Board has remanded the case due to insufficient medical evidence regarding the etiology of the Veteran's left upper extremity disability. A new VA examination is needed to determine if any diagnosed condition is related to service.

The Veteran's daughter was not found to be a helpless child for purposes of Dependency and Indemnity Compensation (DIC) benefits due to her marriage being terminated by divorce, which is not considered a bar to benefits under VA regulations.

The Veteran's leg length discrepancy is not more than 1.25 inches, which does not meet the criteria for a higher rating under Diagnostic Code 5275.

The Board has decided to remand the Veteran's claims for bilateral eye disorder and residuals of broken nose due to the need for VA examinations.

The Board denied the claim for service connection of scleroderma, finding that there is no medical evidence linking the condition to the veteran's exposure to contaminated water at Camp Lejeune during his ACDUTRA period in 1962. The examiner concluded that the veteran did not serve long enough at Camp Lejeune to be considered exposed for a presumed service connection.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his right great toe disability and dental disorder.

The Board has restored the Veteran's competence for purposes of direct receipt of VA benefits due to a failure by the RO to provide a predetermination hearing, which led to an improper finding of incompetence.

The Board denied the Veteran's claim for an earlier effective date for dependency benefits for his son, finding that VA was not informed of the child's birth until January 13, 2016, which is more than a year after the child's birth. The appeal is dismissed as there is no legal basis to grant the requested benefit.