Other conditions decisions — 2019

The Board has remanded the case due to the need to obtain TriCare records from 1984 to March 2017, which may contain relevant medical information for the Veteran's partial left lung lobectomy.

The Veteran's hip disabilities have been rated based on their current manifestations. The Board has found that additional evidence is needed to determine if service connection should be granted for erectile dysfunction, acquired psychiatric disorder, and knee issues.

The Veteran's wife, who was also a Veteran, has been found to be an adequate substitute for the Veteran. The AOJ granted nonservice-connected pension and special monthly pension based on the need of aid and attendance of another person, both for accrued benefits purposes effective from April 20, 2009, to February 2010 - the date of the Veteran's death. However, the appellant is seeking an earlier effective date for these benefits.

The Veteran's claim for reimbursement or payment of medical expenses incurred at University Hospital of Missouri (UHM) from April 17, 2018, through April 20, 2018 is being remanded due to uncertainty about whether the VA could have provided appropriate care and treatment.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran. The issue of entitlement to death pension benefits on the merits must now be further adjudicated by the AOJ.

The Veteran's eligibility for Post 9/11 GI Bill (Chapter 33) education benefits and the validity of her Chapter 33 education benefits debts are remanded due to incomplete records and conflicting information regarding her service academy attendance.

The Board has granted an initial 10 percent rating for dry eye syndrome, which is the maximum schedular rating available under DC 6018. The Veteran's symptoms are analogous to active chronic conjunctivitis.

The Veteran's neurally mediated syncope was denied as the evidence did not show at least two minor seizures in the last six months, and the Board found that the condition is best rated under Code 8911 for petit mal epilepsy.

The Board denied the Veteran's request for an earlier effective date of July 2007, when he married his current spouse. The claim was denied as there is no documentation showing that the RO received a completed VA Form 21-686c or any other communication from the Veteran informing the RO of his divorce and re-marriage prior to January 2013.

The Board granted service connection for Female Sexual Arousal Disorder and Special Monthly Compensation (SMC) for loss of use of a creative organ, both effective May 11, 2012.

The Board has remanded the issue of a separate rating for bladder impairment, which is secondary to service-connected low back condition with IVDS. An additional VA opinion is needed to determine if the Veteran's bladder impairment is caused or aggravated by his service-connected low back condition.

The Board has remanded the claims of service connection for Epstein-Barr virus and eye disorder due to ionizing radiation exposure as they were not substantially complied with in the August 2016 decision. The Veteran is required to undergo another examination and obtain another etiology opinion.

The Board has remanded the Veteran's claims for service connection for a sinus condition and a breathing condition due to conflicting medical evidence and the need for additional records. The Veteran contends that her current conditions are related to hydrazine exposure during service.

The Board denied the Appellant's claim for recognition as the Veteran’s surviving spouse, finding that she was divorced from the Veteran at the time of his death.

The Veteran's pension award for aid and attendance is granted with an effective date of May 10, 2017 due to his stroke preventing him from filing a claim.

The Veteran's residuals of left tibia fracture are currently rated at 10 percent, and the Board finds that a higher rating is warranted based on the need for an additional VA examination to assess the severity of his condition.

The Veteran's surviving spouse did not have a pending claim for accrued benefits at the time of her death, and there is no evidence that she filed such a claim prior to her death. Therefore, the appellant is denied entitlement to accrued benefits.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Appellant’s claim of entitlement to service connection for the Veteran’s death for the purpose of receiving DIC. The matter is REMANDED for obtaining private medical records and VA treatment records.

The Board has remanded the case due to new evidence received after a previous decision, and a supplemental statement of the case (SSOC) is required.

The Veteran's daughter is denied accrued benefits as she does not meet the statutory definition of 'child' under 38 U.S.C. § 101(4)(A).