Other conditions decisions — 2019

The Board has granted service connection for the Veteran's UTSRD, finding that it is directly related to his in-service events and resolving all doubt in favor of the Veteran.

The Veteran's surviving spouse, P.A.H., received nonservice-connected death pension benefits with aid and attendance. However, the appellant is not eligible for accrued benefits as she does not meet the definition of a child under VA regulations.

The Veteran's appeal for additional educational assistance benefits under the Post-9/11 GI Bill is denied as he has already used 48 months of combined benefits.

The Board denied an increased rating for service-connected arthrofibrosis and arthritis of the right and left ankles, finding that the evidence did not support a higher 30 percent disability rating due to lack of ankylosis in either ankle.

The Veteran's service is not considered during a period of war, thus denying the claim for VA nonservice-connected disability pension benefits.

The Board has remanded the claims of entitlement to service connection for right eye and left eye disabilities, as well as the claims for a rating in excess of 20 percent for a left ankle disability and a rating in excess of 10 percent for residual shrapnel wounds, to include left leg ulcer. The Veteran's death precludes a VA examination, so on remand, a VA medical opinion should be obtained regarding the nature and etiology of any right eye and left eye disabilities.

The appellant's claims for surviving spouse benefits and accrued benefits are denied as she was not the Veteran's legal spouse at his death, her claim for survivor pension benefits is untimely, and there were no unpaid benefits due to the Veteran.

The Board has decided to remand the cases for further examination and opinion regarding the Veteran's upper and lower extremity disorders, which are believed to be related to in-service exposure to cold temperatures.

The Veteran's claim for service connection for meningioma was reopened due to new evidence, but the Board has decided that a remand is necessary to determine if the condition is related to his military service.

The Board finds that an examination is needed to determine whether the colorectal cancer was a soft-tissue sarcoma and whether it was at least as likely as not related to presumed herbicide agent exposure during service.

The Veteran is not reasonably discharging his responsibility to support his dependent children M.C. and D.C., so a general apportionment of his VA compensation benefits in the amount of the additional disability compensation he has received for them is granted.

The Veteran's son, S.M., Jr. has sickle-cell anemia and requires constant care due to his condition. The VA needs to obtain SSA records related to S.M., Jr.'s disability benefits application.

The Board denied the Veteran's claim for service connection of a right foot disorder, finding that there is no current diagnosed condition and thus failing to meet the first element of the three-element test for service connection.

The Veteran's unauthorized hospitalization and associated physician expenses for his bike accident injuries from January 19, 2013 through January 22, 2013 were deemed eligible for payment or reimbursement by VA due to the nature of the emergency treatment required.

The Board denied the Veteran's claim for VA nonservice-connected disability pension benefits because he did not meet the active service requirements, as his period of enlistment was less than 24 months and he had a personality disorder that led to his discharge.

The Board of Veterans' Appeals has denied the Veteran's claims for service connection for a prostate disorder, including benign prostatic hyperplasia (BPH), as incurred in or caused by his military service and secondary to his service-connected diabetes mellitus.

The appeal was dismissed because the appellant requested to withdraw their appeal before a decision could be made.

The Veteran's claim for service connection for residuals of a laceration to the right middle finger is being remanded due to insufficient competent medical evidence and the need for an examination to determine if he has any current disability related to his in-service injury.

The Board has dismissed the appeals due to the death of the appellant, and no rating decision was made.

The Veteran's cognitive impairment and disorientation are not considered to be caused by VA treatment, and the Board has determined that compensation under 38 U.S.C. § 1151 for an additional disability is denied.