Other conditions decisions — 2019

The Veteran's claim for an increased disability rating for bilateral metatarsalgia is denied as the condition is already rated at its highest possible level.

The Board has determined that the Veteran's emergency medical visits to BMC on August 13, 15, and 31, 2014 were reasonable due to his conditions being of such a nature that delay in seeking immediate medical attention would have been hazardous to life or health. The VA facilities were not feasibly available during these emergencies, and the Veteran's statements regarding prior communication with VA are credible.

The Board denied the Veteran's claim for service connection for sickle cell anemia, finding that it clearly and unmistakably preexisted service and was not aggravated by service.

The Board denied the claim for service connection for the cause of the Veteran’s death, finding that there was no evidence linking the thymoma to military service or any service-connected disability.

The Board denied the Veteran's claims for service connection for myelofibrosis and myelodysplastic syndrome, finding that there was no evidence linking these conditions to his military service or exposure to herbicides. The Board also found insufficient evidence of toxic exposure at Fort McClellan, Alabama.

The Veteran's dental disorder involving tooth numbers 7, 8 and 9 is remanded due to unclear evidence regarding the cause of his condition. He needs a dental examination to determine if it was caused by in-service trauma.

The Veteran's rating for first degree atrioventricular block with pacemaker was increased to 60 percent effective May 18, 2018. The Board denied a higher rating and TDIU.

The Veteran's appeal is dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's appeal for additional VR&E benefits under the provisions of 38 U.S.C. Chapter 31 after a declaration of rehabilitation is remanded due to incomplete development.

The Board has remanded the case due to new evidence submitted by the Veteran and a requested VHA opinion, which needs to be considered by the RO first.

The Board has decided that the Veteran's claim for a total disability rating based on individual unemployability (TDIU) should be remanded due to new evidence being added to his case since the last Supplemental Statement of the Case (SSOC).

The Board has granted a total schedular rating and SMC at the housebound rate for service-connected disabilities, rendering the TDIU claim moot.

The Board has decided to remand the case due to inconclusive medical opinions and a need for further examination, including possible biopsy.

The Board has remanded the case due to insufficient evidence of current severity of the Veteran's restrictive lung disease, status post wedge resection for histoplosmosis. The Veteran needs a VA examination to assess his disability.

The Board has remanded the cases for further development and evaluation of the Veteran's service-connected stress fracture disabilities, specifically to obtain updated VA treatment records and a VA examination. The effective dates for service connection are denied as there were no prior claims received before March 13, 2013.

The Veteran's claims for service connection for left-hand and bilateral foot skin disabilities have been reopened, but the Board has determined that additional evidence is needed to decide these claims.

The Board has determined that the Veteran's shrapnel injury to his right middle finger is at least as likely as not related to service, and thus grants service connection for this condition.

The Veteran's right ear otitis media is already assigned the maximum schedular rating authorized under Diagnostic Code (DC) 6200, and therefore his claim for a higher disability rating is denied.

The Board has determined that the Appellant is eligible for nonservice-connected death pension from May 25, 2016 through November 30, 2016. However, the claim for nonservice-connected death pension from December 1, 2016 is remanded due to lack of information regarding her income and medical expenses.

The Board has determined that the overpayment of non-service-connected pension benefits was valid and granted a waiver of recovery due to VA's fault in not adjusting the amount paid based on the Veteran's Railroad Retirement income, and because repayment would result in financial hardship.