Other conditions decisions — 2019

The Veteran's appeal for an increased rating of his right little finger fracture was dismissed as he limited the scope of his appeal to other issues.

The Board has determined that additional record development and examination are required to appropriately adjudicate the Veteran's claim for service connection for right foot injury.

The Board is requesting additional evidence to determine if the Appellant was a member of the Army Selected Reserve throughout his service, which could affect his eligibility for VA loan guaranty benefits.

The Board has determined that the Veteran's adenoid cystic carcinoma of the tongue is causally related to herbicide exposure in service, specifically Agent Orange exposure.

The Veteran's appeal is being remanded to clarify the extent of his non-VA health coverage and whether any such coverage would have reimbursed part or all of his medical expenses. The claims will be readjudicated after this information is obtained.

The appellant is not eligible for accrued benefits as she does not meet the criteria of a child and has submitted no evidence that she personally incurred the cost of her mother's final illness and burial.

The Board has determined that the Veteran's death was caused by metastatic malignant neoplasm of the liver and malignant neoplasm of the colon, which are not among the diseases listed under 38 C.F.R. § 3.309(e) for which presumptive service connection based on herbicide agent exposure is available. However, service connection may be established if medical evidence directly relates that exposure to herbicides while serving in Thailand to these cancers. The Board has therefore remanded the case for a VA examiner's opinion regarding the relationship between the Veteran's cause of death and his in-service herbicide exposure.

The Board has determined that the issue of propriety of the decision to grant an apportionment of the Veteran's VA benefits in the amount of $100 per month to the appellee on behalf of J.M. is not ripe for appellate review due to procedural issues, and thus remanded for further action.

The Veteran did not serve for a continuous period of at least 24 months, thus the claim for nonservice-connected death pension is denied.

The Veteran's claim for an apportionment of his VA benefits to his former spouse was dismissed because he was not receiving any VA compensation during the relevant period.

The Board has decided that an initial compensable disability evaluation for right ulnar collateral ligament tear with surgical correction is remanded due to the need for additional VA examination.

The Veteran's unauthorized medical expenses incurred at a private hospital on February 2, 2016 are being remanded for further development to determine if the treatment was necessary due to a 'medical emergency' and whether a VA facility was feasibly available.

The Veteran's claim for an increased rating for his lumbar spine disorder is granted, with a 20% rating prior to March 5, 2018 and a 40% rating since then. The service connection claim for scabies is denied.

The Veteran's bilateral lower extremity meralgia paresthetica and associated pain are being remanded for further development as the current evidence is insufficient to determine the appropriate evaluation.

The Veteran's claim for an effective date earlier than December 1, 2016, to add his spouse and two children to his VA compensation award was denied as he did not file the necessary form within one year of receiving notification from VA.

The Veteran's right thumb disability, which includes arthritis and subluxation, is currently rated at 10 percent. The Board finds that the evidence does not support a higher rating as there is no ankylosis or significant functional loss.

The Board denied non-service-connected death pension benefits as the appellant did not provide sufficient income and medical expense information to determine her eligibility.

The Board has determined that a remand is necessary to clarify whether the Veteran had MRSA during the appellate period and to determine if VA treatment caused a current MRSA disability due to an event not reasonably foreseeable.

The Veteran's surviving spouse is denied nonservice-connected survivor pension benefits due to her income exceeding the Maximum Annual Pension Rate.

The Veteran's income, after accounting for unreimbursed medical expenses, exceeds the maximum annual pension rate. Therefore, he is not entitled to nonservice-connected pension benefits.