Other conditions decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to coal dust during service and its relation to his current pulmonary disease.

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

The Board has remanded the claims for service connection and rating of spine degenerative disc disease due to incomplete VA treatment records and missing SSA disability benefits records.

The Board has remanded the Veteran's claims for a rating greater than 10 percent and 20 percent for epiphysiodesis, distal left femur. The TDIU claim is also being remanded due to its inextricable link with another appeal.

The Board dismissed the Veteran's appeal because his June 2015 statement did not meet the requirements for a motion to revise a December 2003 Board decision on the basis of clear and unmistakable error (CUE).

The Board has remanded the cases for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran has a respiratory disability related to service in Southwest Asia. The TDIU claim is also remanded as it is inextricably intertwined with the PTSD increased rating claim.

The Board dismissed the appeal because the appellant requested to withdraw his appeal prior to a decision being made.

The Board has remanded the case for further action on whether a December 2010 rating decision denying dependency and indemnity compensation under 38 U.S.C. § 1151 was clearly and unmistakably erroneous, as well as to obtain relevant VA treatment records.

The Board has not substantially complied with the April 2019 remand instructions and thus, the matter is being remanded for further development.

The Veteran's CT scan at Valley Medical Center was not authorized by VA, and the appeal is denied as no authorization for the procedure was sought or received.

The Board has decided to remand the case due to inconsistencies in the addendum opinion provided by the examiner. The Veteran's claim for service connection of his back injury will be reconsidered with a new examination.

The Board has granted service connection for a urinary disorder, diagnosed as dysuria and enlarged prostate, finding that the Veteran's condition was aggravated during his military service.

The Veteran's son does not have spina bifida and his mother is not a Vietnam Veteran, so the claim for benefits under 38 U.S.C. §§ 1805 or 1815 fails.

The Board denied the Veteran's claim for service connection for a bilateral upper extremity disability (claimed as arthritis) due to lack of evidence showing an in-service onset or causation, and no link between any current disability and military service.

The Veteran's pleural plaques lung disability is characterized by a post-bronchodilator forced vital capacity (FVC) of 57.52 percent of its predicted value, which meets the criteria for a 60% rating under the Rating Schedule.

The Veteran's unauthorized medical expenses incurred for chest pain and atrial fibrillation are being remanded due to incomplete records and a lack of compliance with the Board's previous remand orders.

The Board has remanded the case for a new examination to assess the current nature and severity of the Veteran's TMJ dysfunction, as the evidence is not clear on this point. The issue of an extraschedular rating will be readjudicated based on the entirety of the evidence.

The Board denied the Veteran's claim for service connection for bilateral restless leg syndrome, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the claims of service connection for pulmonary fibrosis and TDIU due to a duty to assist error in obtaining an opinion on whether the Veteran's pulmonary fibrosis is aggravated by his service-connected atrial fibrillation.

The Veteran's appeal on whether he is competent to handle disbursement of VA funds has been dismissed. The Board also found that the effective date for special monthly pension based on need for aid and attendance should be February 22, 2019.