Other conditions decisions — 2019

The Veteran's claim for a higher rating for gout prior to March 1, 2009 was denied as the evidence did not show symptom combinations productive of definite impairment of health objectively supported by examination findings or incapacitating exacerbations occurring three or more times a year.,The Veteran's claim for a higher rating for gout since March 1, 2009 was also denied as the evidence did not show symptoms that would warrant an increased rating. The Veteran reported having acute flares of gout requiring medication and crutches.

The Board has granted initial 10% disability ratings for bilateral hallux valgus. The Veteran's back disability and PTSD are remanded for further examination and opinion.

The Board denied service connection for the cause of death due to polycythemia vera, finding that it was not incurred or aggravated by service. The examiner concluded that polycythemia vera is not a presumptive disease related to Agent Orange exposure and did not result from cobalt radiation therapy received during service.

The Veteran is not entitled to retroactive dependency benefits for child T from September [redacted], 2009 onwards due to the child turning 18 years old and completing her education. Payments of child support arrears and legal fees for personal bankruptcy are considered countable income for nonservice-connected pension benefits.

The Veteran's daughter, the appellant, was denied an extension of her DEA benefits due to not meeting any exceptions for extensions under VA regulations. The Board found that she did not meet the criteria for an extension based on familial obligations and ruled against her.

The Veteran's pension benefits were retroactively terminated due to his son's income exceeding the Maximum Annual Pension Rate (MAPR). The Board finds that proper notice was not provided and remands for an accounting of all payments made and entitlement amounts, along with a chance for the Veteran to respond.

The Board of Veterans' Appeals (Board) has determined that the calculation of the appellant's VA death pension benefit amounts for the period from May 2015 to March 2016 is incorrect. The Board notes that there is insufficient information to verify whether the appellant earned interest income during this period, and thus recommends further investigation and adjustment of her benefits.

The Board has decided to remand the claims for service connection, SMC based on aid and attendance and/or housebound status, and VA nonservice-connected disability pension due to potential preexisting conditions and need for additional medical opinions.

The Veteran's left foot disability is rated at a 20 percent rating since May 29, 2015. Ratings for the disability in excess of 10 percent prior to that date are denied.

The Board has decided to remand the case due to incomplete development, specifically regarding whether any of the expenses were covered by a health-plan contract. The appeal will be readjudicated after this information is obtained.

The Board has remanded the case for further action as it pertains to service connection for dental disability for treatment purposes. The claim of service connection for compensation purposes is denied.

The Veteran's death pension benefits were awarded on September 22, 2016. The Board denied a request for an earlier effective date.

The Veteran's colon cancer was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. Continuity of symptomatology is not established, and the disability is not otherwise etiologically related to an in-service injury or disease, including as result of exposure to contaminated water at Camp Lejeune.

The Board has decided to remand the case due to incomplete records, specifically SSA disability benefits and VA treatment records. The Veteran's claim for nonservice-connected pension will be reconsidered with these additional documents.

The Board denied service connection for bilateral shoulder arthritis, bilateral ankle arthritis, and bilateral knee arthritis due to lack of current diagnoses. The Veteran's bilateral knee arthritis was granted with a 10 percent rating effective February 24, 2013.

The Veteran's garnished SSA retirement benefits are considered countable income for pension purposes and cannot be excluded, resulting in a reduction of his pension benefit.

The Board denied the forfeiture of VA benefits under 38 U.S.C. § 6104, finding that the Veteran rendered assistance to an enemy of the United States.

The Veteran's bilateral hip arthritis, right hip replacement, immune system disorder, multiple intestinal blockages, ulcerative colitis, gastroenteritis, and total colectomy are being remanded for further development as the claims involve service connection.

The Board has remanded the case due to incomplete records and requests for a Supplemental Statement of the Case (SSOC). The Veteran's skin disability is being considered based on Agent Orange exposure during service.

The Board has remanded the case due to insufficient medical evidence regarding the Veteran's heart disorder and its relationship to service, specifically herbicide exposure. The AOJ is instructed to obtain additional records and provide a new VA examination.