Other conditions decisions — 2019

The Veteran's claims for increased ratings for his service-connected right elbow limited supination and limited flexion are being remanded due to the need for updated VA examinations and treatment records.

The Board denied an earlier effective date for the award of service connection for the cause of the Veteran’s death, finding that the June 23, 2008 submission was a request to reopen the previously denied claim and thus the proper effective date is June 23, 2008.

The Board denied a request for an earlier effective date for nonservice-connected pension benefits, finding that the earliest date of formal claim was October 15, 2013. The Veteran's informal claims for health financial assistance and medical care in 1975 and 1976 were not considered as they did not indicate intent to apply for VA pension. The Board also found no evidence of physical or mental incapacity preventing the filing of a claim earlier.

The Board denied service connection for malignant right frontal atypical meningioma, claimed as brain cancer because there is no evidence that the condition originated during or due to military service.

The Veteran's income exceeded the Maximum Annual Pension Rate (MAPR) between June 2010 and February 2014, making him ineligible for nonservice-connected pension benefits during that period.

The Veteran's claims for service connection for paroxysmal atrial fibrillation and residuals of stroke have been granted as secondary to his service-connected coronary artery disease.

The Veteran's daughter, who was born in April 1955 and is now approximately 63 years old, has not provided evidence that she was permanently incapable of self-support prior to her 18th birthday. The Board finds the weight of the most probative evidence does not support this claim.

The Board denied DIC benefits based on the cause of death due to esophageal carcinoma with mycobacterium avium-intracellulare pulmonary infection, finding that it is not related to service or a service-connected disability.

The Veteran's conduct and cooperation with the VR&E program were unsatisfactory, leading to the suspension of services. The Board found that reasonable feasibility of a vocational goal was uncertain due to his service-connected disabilities and lack of compliance with the rehabilitation plan.

The Board has decided to remand the case due to conflicting medical evidence regarding the Veteran's heart condition, including atrial fibrillation. A new VA examination is needed to determine if these conditions are related to service.

The Veteran requested withdrawal of his appeal for service connection for dental trauma and bite issues related to a bridge placement. The Board dismissed the appeal as per the Veteran's request.

The Board denied service connection for shin splints, lower back disability, and bipartite left patella disability. The case is remanded due to insufficient evidence on the nexus between current disabilities and service.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the service-connected residuals of a left radius fracture aggravated the Veteran's diagnosed arthritis in his left hand. The case will be sent back for further development and an addendum medical opinion.

The Board has remanded the Veteran's claims for service connection for left leg and hip disorders, as secondary to his service-connected spine disabilities. The case is now pending further examination and evaluation.

The Board denied service connection for Hodgkin's Disease, finding that the evidence did not establish a causal relationship between the Veteran's exposure to contaminated water at Camp Lejeune and his development of Hodgkin's Disease.

The Board denied the Veteran's claim for service connection as her character of discharge is a bar to VA compensation benefits due to being discharged as a deserter and AWOL for more than 180 continuous days.

The Board has decided to remand the case due to issues related to the validity of an overpayment and whether a waiver of recovery is warranted. The appellant needs to provide additional evidence, including letters from Armstrong State University and his college transcript.

The Veteran timely filed a Notice of Disagreement regarding the July 2012 denial of spousal aid and attendance. The Board has determined that this was a valid NOD, and the case will proceed to issue a Statement of the Case.

The Board denied the Veteran's claims for increased ratings for post-operative osteophytectomy, left fifth toe and right fifth toe with calluses and corns as there was no evidence of moderately severe residuals or other conditions warranting a higher rating.

The Veteran's claims of service connection for right hip disorder, left hip disorder, and bilateral foot disorder have been granted. The decision also denied the claim for service connection for a bilateral hearing loss disability.