Other conditions decisions — 2019

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected spinal stenosis of L4-5 is being remanded due to the need for a VA examination.

The Veteran's son does not have spina bifida, and his mother is not a Vietnam Veteran. Therefore, the claim for benefits under 38 U.S.C. §§ 1805 or 1815 fails.

The Board has decided that additional development is needed before the claim for a TDIU can be adjudicated on the merits.

The Board is unclear about how and when VA retroactively adjusted the Veteran's pension benefits, resulting in a $3,866.90 overpayment. The matter is being remanded to clarify the correct pension payments and determine the overpayment amount.

The Veteran's surviving spouse is not eligible for nonservice-connected death pension due to her income exceeding the maximum annual pension rate.

The Board has decided to remand the case due to an improper test for determining whether a medical opinion should be obtained in a cause of death claim. The Veteran's death was caused by myocardial infarction, ventricular fibrillation, and coronary ischemia.

The Veteran's retinal detachment is not considered to be caused by VA fault or negligence, and the Board has denied compensation under 38 U.S.C. § 1151.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for VA compensation or pension benefits. The Veteran died at a private hospital and had no other claims pending. Therefore, the claim for nonservice-connected burial benefits is denied.

The Veteran's service-connected unspecified trauma and stressor related disorder is currently rated at 10 percent. The Board finds that an additional VA examination is needed to assess the current severity of his disability, as well as whether he is entitled to a TDIU based on his service-connected conditions.

The Veteran's claim for service connection for actinic keratosis of the ears, hands, and face (claimed as malignant skin neoplasm) is granted. The Board finds that the current diagnosis of actinic keratosis is a continuation of the same condition diagnosed during active service.

The Veteran's claim for a compensable rating for a healed fracture of the right fifth metacarpal was denied, and his claim for service connection for a spine disability is remanded.

The Board has remanded the case due to new arguments presented by the Veteran's representative, and a new examination is needed to determine if his Guillain-Barre syndrome was related to his service, including in-service respiratory and gastrointestinal issues.

The Board has determined that the issue of entitlement to an increased apportionment in excess of $300 per month to the appellant on behalf of J.R. and C.R. is not ripe for appellate review due to procedural issues, including a failure to comply with contested claims procedures. The case is being remanded for further development.

The Veteran's surviving spouse is denied eligibility for VA benefits as her marriage to the Veteran was not legally recognized in Puerto Rico, and she did not remarry after his death.

The Board denied an earlier effective date for additional compensation for the Veteran's dependent spouse due to incomplete application and failure to provide requested information within one year of notification.

The Board granted the appellant's recognition as the Veteran’s surviving spouse for VA death benefits, finding that there was continuous cohabitation from the date of marriage to the date of the Veteran's death.

The Board has granted service connection for actinic keratoses and squamous cell carcinoma of the left helix status post excision, finding it is at least as likely as not related to in-service sun exposure.

The Veteran's temporomandibular joint syndrome was manifest in service and is now a current disability. The Board has therefore granted service connection for this condition.

The Board has determined that the Veteran's lay statements of record indicate a possible association between his abdominal hernia and service, but further medical examination is needed to determine if there is a link.

The Board has determined that there was an error in the duty to assist and requires a new VA examination to determine the nature and etiology of the Veteran's left eye disability, which may be related to service.