Other conditions decisions — 2019

The Veteran's dependent spouse, T.C., was recognized as such and added to the Veteran's award of VA disability compensation. Additional dependency benefits based on school attendance for the Veteran's son, S.C., from August 2014 to June 2016 were also awarded. Both appeals are dismissed as there is no longer a case or controversy over these issues.

The Board has granted service connection for disability of the nerves of the right and left upper extremities, finding that the Veteran's current symptoms are related to his in-service electric shock incident. The decision is based on the Veteran's credible lay statements and medical evidence indicating impairment in earning capacity.

The Board has remanded the case due to inadequate findings regarding left foot disability, including neurological impairment and degenerative joint disease. Additional examination is required.

The Board found that the Veteran's Restless Leg Syndrome with Convulsive Tics was not present in service, is not related to service or an incident of service origin, and is not caused by a service-connected disability.

The Veteran's claim for an increased rating for his right elbow disability is being remanded due to the need for a VA examination and additional treatment records.

The Veteran's death was not recognized as a surviving spouse, thus denying the claim for VA death benefits.

The Board has determined that there is a reasonable doubt about whether the Veteran's current chronic strain of the thoracic spine had its onset in or is otherwise related to active service, and thus grants service connection for this condition.

The Board has determined that additional development is needed to address the appellant's claims regarding the cause of her husband's death, including whether improper care at the VA medical center contributed to his death.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that her current condition is not related to her military service and attributing it to a known clinical diagnosis.

The Veteran's ingrown toenail was granted a 10% rating, effective from the date of receipt of his claim. The request for an earlier effective date for the scar bunionectomy rating is denied.

The Veteran's eligibility for Post-9/11 GI Bill (Chapter 33) education benefits was denied because he had already elected Chapter 30 benefits based on his single period of active service from June 2012 to June 2016, and there were no other periods of active service that could qualify him for Chapter 33 benefits.

The Veteran's spouse, the appellant, is denied recognition as a surviving spouse due to Illinois not recognizing common law marriages. The marriage began in July 2000 and ended on January 2010, which is less than one year before the Veteran's death.

The appeal was dismissed due to the appellant's death.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was received on August 17, 2011. The Board denied an earlier effective date because the claim was not raised until after the initial TDIU grant.

The Board found that the Veteran was exposed to herbicide agents in the Korean DMZ and granted service connection for the cause of his death due to lung cancer, which is associated with such exposure.

The Board has remanded the case for additional VA examinations to assess the severity of the Veteran's knee disabilities, and for further development of the claims.

The Board denied the Veteran's claim of service connection for a dental disability as new and material evidence was not received, despite previous attempts to reopen the claim.

The Board denied the appellant's request for an apportionment of the Veteran’s VA compensation benefits on behalf of their child, X.M., finding that the Veteran was reasonably discharging his responsibility for child support and that the appellant did not demonstrate financial hardship.

The Board has granted service connection for a mood disorder secondary to the Veteran's service-connected back disability. The rating for the Veteran's back disability is remanded due to lack of recent examination.

The Veteran's appeal for Chapter 33 (Post-9/11 GI Bill) education benefits was denied because he had already used his eligibility under Chapter 30 (Montgomery GI Bill). The same period of service cannot be used to establish separate entitlement to both programs.