Other conditions decisions — 2019

The Board has determined that the Veteran's eye disorder was not shown in service or for many years thereafter and is not related to service, including as secondary to a service-connected disability. The appeal for service connection for an eye disorder is denied. For hypertension, the case is remanded due to lack of recent VA examination.

The Veteran's widow is seeking an increased rate of death pension due to medical expenses, but the effective date and amount of benefits awarded are unclear. The case must be remanded for clarification.

The Veteran's initial claim for a right ring finger disability prior to December 12, 2017 was denied as there was no reduction in earning capacity. From December 12, 2017 onwards, the Veteran received a 10% rating based on arthritis and painful motion of the right ring finger.

The Veteran requested to withdraw her appeal regarding an increased disability rating for systemic lupus erythematous, and the Board dismissed the appeal as a result.

The Board has determined that additional development is necessary to properly address the Veteran's claim for service connection for bilateral parotid masses due to environmental hazard exposures, including asbestos and radiation. The case is being remanded for further action.

The Veteran's claims for increased ratings and effective dates related to bilateral metatarsalgia, hallux valgus of the right great toe, and hallux valgus of the left great toe are being remanded due to new evidence received.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to a right foot transmetatarsal amputation in May 24, 2013 is denied as the evidence does not show additional disability was caused by VA treatment.

The Veteran's claim for service connection for a psychiatric disability, including posttraumatic stress disorder (PTSD), depression, anxiety, and antisocial personality disorder is denied. The Board found that the Veteran does not have a current psychiatric diagnosis eligible for service connection by VA standards.

The Veteran's widow was not entitled to nonservice-connected death pension benefits due to her income exceeding the maximum annual pension rate, and thus the appellant's application for reimbursement from accrued benefits is denied.

The Veteran's left mandible fracture residuals are remanded for a new VA examination to determine the severity of the condition and assign an appropriate rating.

The Board has remanded the Veteran's claims for Barrett’s esophagus, arteriosclerosis, and colitis as secondary to service-connected Non-Hodgkin’s Lymphoma (NHL). The VA examiner is requested to provide an addendum opinion addressing whether these conditions are related to service or any event of service, including exposure to contaminated water at Camp Lejeune. Additionally, the examiner should address whether they were caused by, proximately due to, or aggravated by any service-connected disability.

The Board dismissed the appeals for helpless child benefits, accrued benefits, and survivor's pension benefits due to various procedural issues or untimeliness.

The Veteran's appeal for service connection on various issues is not addressed in this decision. The apportionment of $360.00 per month to support a dependent adult helpless child (DB) is granted and does not cause undue hardship.

The Veteran's claim for attorney fees based on past due benefits granted in a July 2016 decision was dismissed because the appellant waived his right to those fees.

The Veteran's service at West Point is considered attendance at a service academy, not active duty. Therefore, he does not meet the criteria for Chapter 33 Post-9/11 GI Bill education benefits.

The Veteran's overpayment debt of $2,593.12 for VA disability compensation benefits is denied as the creation was proper and not solely due to administrative error.

Served on active duty, the Veteran's spouse was added as a dependent effective March 18, 2011.,The Veteran’s daughter was recognized as a dependent until her 18th birthday and then based on school attendance from September 2011 to December 2013.

The Veteran's skin cancer is related to significant sun exposure during service and the Board has granted service connection for his skin cancer.

The Board has decided to remand the case due to incomplete information regarding the Veteran's income and unreimbursed medical expenses for 2015, 2016, and 2017. The case will be returned to the RO for further action.

The Board found the reduction of the Veteran's VA disability compensation to 10% due to his incarceration proper, as he was convicted of a felony and incarcerated for over 60 days.