Other conditions decisions — 2019

The Board granted payment or reimbursement of medical expenses incurred on January 13, 2013, at Flagler Hospital for the Veteran's service-connected inguinal hernia condition.

The Veteran's representative withdrew the appeal for TDIU, so the case is dismissed.

The Board has remanded the case due to an error in determining that the appellant and the Veteran were not married at the time of the Veteran's death. The VA is required to obtain official copies of their marriage license.

The Veteran's appeal for an evaluation in excess of 10 percent for a left knee disability is dismissed. The issue of service connection for an abdominal condition, to include diastasis recti, is remanded.

The Veteran's right foot disability, including traumatic arthritis and residuals of a puncture wound to the muscle, is currently rated as non-compensable. The Board has determined that additional evidence is needed to determine if the current rating adequately reflects the severity of his condition.

The Veteran's dependent spouse, K.S., was recognized and added to his VA disability compensation award in March 2018. As a result, the appeal is dismissed as there remains no case or controversy affecting the provision of benefits by VA.

The Board dismissed the appeal as there is no valid appeal relating to the propriety of reducing the Veteran’s compensation benefits due to incarceration.

The Veteran's compensation for the service-connected left calf muscle atrophy and weakness was improperly withheld to recoup disability severance pay, which exceeded the allowable rate. The appeal is granted.

The Board has reopened the claim of service connection for the cause of death due to new and material evidence. However, it was denied as there is no evidence of exposure to herbicides or Agent Orange during service, which would have allowed for presumptive service connection.

The Board denied service connection for a left foot condition including nerve damage and numbness, but remanded the right foot condition claim due to insufficient evidence.

The appeal for increased nonservice-connected death pension benefits was dismissed due to the appellant's death during the pendency of the appeal.

The Veteran is not entitled to Chapter 33 education benefits at the 100 percent rate due to his discharge from active duty service for reasons other than a service-connected disability. He is therefore eligible for the 60 percent rate.

The Board has denied service connection for lower back pain and left hip pain due to lack of evidence of a current disability. The Veteran's claims are remanded for further examination.

The appellant is not entitled to accrued benefits as she did not provide evidence of expenses paid for her mother's care and burial.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Veteran's claim for service connection for spondylolysis L-5 and spondylolisthesis L-5 on S-1 (currently claimed as a back condition) is remanded due to the need for an addendum opinion regarding the nature and etiology of his lumbar spine disability.

The Board has remanded the Veteran's claims for bilateral knee disability and lumbar spine disability, as well as his TDIU claim due to lack of sufficient evidence in the record. The Veteran will be provided with notice about how to substantiate a TDIU claim and requested to provide any relevant private treatment records.

The Veteran's hairy cell leukemia is related to in-service exposure to ionizing radiation and the Board has granted service connection for this condition.

The Veteran's residuals of left tibia and fibula fracture are currently rated at a 10% evaluation. The Board has determined that the disability is productive of moderate knee disability, warranting an increase to a 20% evaluation.

The Veteran's service-connected degenerative joint disease and fracture right tarsal navicular result in permanent loss of use of a foot, meeting the eligibility criteria for financial assistance in purchasing an automobile or adaptive equipment. The Board found that the weight of evidence supports a finding that the Veteran has functionally lost the use of his right foot due to service-connected disability.