Other conditions decisions — 2019

The Board is remanding the case to address a claim of clear and unmistakable error (CUE) in the initial VA decision regarding the appellant's delimiting date for Chapter 35 benefits. The issue is inextricably intertwined with the main appeal, so it must be addressed before the main appeal can proceed.

The Veteran's claim for service connection for carotid artery occlusive disease is being remanded due to the need for additional medical opinions regarding its relationship to his active service and any service-connected disabilities.

The Veteran's dental disability, including severe bone loss and furcation involvement, is considered a compensable condition for VA compensation purposes due to its relation to service. The claim is granted.

The Board denied the veteran's claim for VA nonservice-connected disability pension benefits because he did not meet the service requirements due to his active duty training (ACDUTRA) period, which does not qualify as active military service.

The Board denied compensation under 38 U.S.C. § 1151 for a bowel perforation as a result of surgery for an abdominal aortic aneurysm, finding that the additional disability was not caused by VA care and did not result from any fault on the part of VA.

The Board has found that additional development is needed to determine if the Veteran's cause of death, hairy cell leukemia, was related to his military service. The case is being remanded for an addendum medical opinion.

The Veteran's bilateral eye disorder, including hypertropia, is service-connected due to a superimposed injury during his military service. The Board found that the in-service corrective surgery aggravated an existing congenital eye defect.

The Veteran's service-connected specified trauma and stress related disorder is currently rated at 70 percent, but the Board finds that his symptoms do not warrant a higher rating.

The Board has granted a waiver of recovery for the overpayment of apportioned VA compensation benefits, finding that collection would result in undue hardship and that VA was at fault in disbursing the retroactive award.

The Veteran's initial compensable ratings for left hand limitation of motion of the index, ring, and little fingers are denied.,An effective date earlier than December 17, 2013, for the grant of service connection for left hand limitation of motion of the long finger is also denied.

The Board has ordered a remand to obtain medical opinions regarding the cause of the Veteran's death, including whether his service-connected PTSD contributed to it.

The veteran did not have active military service, so the claim for Dependency and Indemnity Compensation (DIC) is denied.

The Board has decided that the Veteran's myelodysplastic syndrome may be related to exposure to ionizing radiation, but needs more evidence to confirm this.

The Board has remanded the case for further development regarding service connection for the cause of the Veteran’s death and entitlement to nonservice-connected death pension benefits. The appellant needs to provide evidence of her marriage and divorce dates, complete income information from SSA, and determine eligibility for special monthly pension due to need for aid and attendance.

The Veteran's service from October 2011 to March 2014 meets the minimum service required for eligibility for Chapter 33 education benefits, and he is granted eligibility.

The Veteran's left shin splint disability is being remanded for a new VA examination to assess the current severity of his condition.

The Board denied the Appellant's claim for an upward adjustment of nonservice-connected death pension benefits as her income exceeded the maximum annual pension rate.

The Board denied service connection for bilateral hallux valgus and squamous cell carcinoma of the right foot with amputations of the 4th and 5th toes, finding that there was no evidence to support a relationship between these conditions and the Veteran's time in active service.

The Veteran's appeal is remanded for further evidentiary development regarding whether he is competent to handle VA funds.

The Board has determined that the evidence is in relative equipoise as to whether the appellant's balance deficiencies are causally related to his service-connected ischemic heart disease and cause a functional impairment of earning capacity, thus granting service connection for these issues.