Other conditions decisions — 2019

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's head and neck cancers were related to herbicide exposure in Vietnam. The appellant must provide an additional VA medical opinion on this issue.

The Veteran's spouse was denied an extension of the delimiting date for Dependents’ Educational Assistance (DEA) benefits due to VA error, as there is no provision in law under which the Board may grant such a claim.

The Board has remanded the case due to a possible missed opportunity for diagnosis during a colonoscopy appointment, and needs further clarification on this point.

The Veteran's death did not result in any accrued benefits due and unpaid at the time of his death. Therefore, the appellant is denied entitlement to accrued benefits for expenses related to her father's last sickness and burial.

The Veteran's claim for travel reimbursement was denied as he did not file his application within the required 30-day period after becoming eligible, despite being notified of his eligibility in April 2015.

The Board has determined that the Veteran's claims for service connection, an earlier effective date, and TDIU are remanded due to new evidence received since the July 2013 rating decision. The Veteran is also scheduled for a VA neurological examination and a VA headache examination.

The Board has remanded the cases for further development and adjudication due to issues related to overpayment of pension benefits, including the validity of its creation and waiver.

The Board denied the Veteran's claim for service connection for a dental condition as there was no evidence of loss of substance of the body of the maxilla or mandible, and the Veteran did not meet eligibility criteria for VA outpatient dental treatment.

The Veteran's appeal for a compensable initial rating for arthritis in the left great toe is dismissed. The petition to reopen his claim of entitlement to service connection for degenerative joint disease in the left hip status post arthroplasty is granted, but the right hip disorder issue remains pending.

The Board denied service connection for throat, right ear, and nose disabilities as there is no current diagnosis of these conditions.

The Veteran's claim for an earlier effective date for dependency compensation due to his biological daughter M.M. was denied as there is no evidence of a written claim received within one year of her birth.

The Veteran's urethral cancer is now service-connected, and the cause of his death was also service-connected.,Burial benefits are granted due to expenses incurred by the appellant.

The Board has determined that the overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits in the amount of $1,827.07 is valid and a debt.

The Veteran's death was not service-connected, and the appellant does not meet the criteria for DIC, death pension, or accrued benefits due to lack of evidence supporting her claims.

The Veteran's appeals for special monthly compensation and specially adapted housing have been dismissed due to his death.

The Board has determined that the Veteran's right hip replacement surgery in March 2008 was not a result of his own willful misconduct and there is actual and proximate causation. The decision grants compensation under 38 U.S.C. § 1151 for residuals of a right hip replacement.

The Veteran's claim for a compensable disability rating for residuals of a temporomandibular fracture prior to May 23, 2016, is denied as the condition does not meet the criteria for any applicable rating under Diagnostic Code 9905.

The Board has determined that additional development is needed to determine if the appellant can be recognized as the Veteran's surviving spouse for VA benefits purposes. The appellant must provide a signed statement indicating she had no knowledge of an impediment to her marriage with the Veteran.

The Veteran's Crohn’s disease is currently rated at 30 percent, but the Board finds that an increased rating exceeding 30 percent is not warranted.,The Veteran's right rhomboid muscle sacroiliitis is currently rated at 10 percent, and the Board finds that an increased rating exceeding 10 percent is not warranted.

The Board has ordered a remand to determine if the Veteran's left foot arthritis and/or pes planus are caused or aggravated by her service-connected hallux valgus, and whether these conditions are part of her hallux valgus disability. The case will be readjudicated after obtaining an addendum opinion from the VA examiner.