Other conditions decisions — 2019

The Veteran's uterine disorder is rated at 30% from August 10, 2012 to April 20, 2018.,A separate rating of 30% for PCOS with facial hair and endometriosis is granted from August 10, 2012 to April 20, 2018.

The Veteran's non-service-connected pension benefits are apportioned to the appellant in an amount of $326 per month, effective April 25, 2014. The rating is not adjusted for cost of living increases.

The Veteran's claim for service connection for a disability manifested by pain in the hands is denied. The claim for TDIU is moot throughout the claims period as she is already receiving a total schedular rating. The claim for an earlier effective date for DEA benefits under Chapter 35 is also denied.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the submission of new evidence, and he has been requested to waive RO review.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's cerebrovascular accident, including whether it is related to service-connected PTSD.

The Veteran's claim for special monthly pension based on the need for aid and attendance was denied, as there is no legal entitlement to accrued benefits due to an earlier effective date.

The Veteran's second wife, C.A.P., was added as a dependent spouse to his VA disability compensation award effective April 13, 2015. The claim for an earlier effective date is denied because the Veteran did not submit his dependency claim within one year of notification of his second marriage.

The Board has remanded the cases for a new examination to determine the current severity of the Veteran's mood disorder and for additional development related to TDIU.

The Veteran's appeal is being remanded due to the inextricability of his service connection claims with another pending appeal. The issue of recognizing D.A. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining 18 years old cannot be decided until the service connection issues are resolved.

The Board has decided to remand the case due to uncertainty about whether the appellant's husband served as a veteran and if his service meets the criteria for establishing veteran status. The VA must obtain his service personnel records from the Army National Guard of Puerto Rico.

The Board has remanded the claims for a back disability, bilateral hearing loss, and tinnitus due to inadequate medical opinions in previous examinations. The Veteran's lay statements regarding his service-connected conditions will be considered.

The Veteran's appeal for a waiver of overpayment of VA pension benefits was dismissed as the debt has been waived in full.

The Board has denied the Veteran's claims for service connection for hypertensive vascular disease and secondary service connection for myocardial infarction, finding that new evidence did not raise a reasonable possibility of substantiating his claims. The Board also found no direct or presumptive service connection due to lack of medical evidence showing hypertension within one year of discharge.

The Board denied service connection for deformity of right tibia and fibula from old healed fracture and left leg disability as they are not related to service or a service-connected condition.

The Veteran's claim for a compensable rating for squamous cell carcinoma of the right lower lobe of the lung from March 1, 2017 to the present is remanded due to concerns about the accuracy of pulmonary function test scores and the possibility that the Veteran may have additional cancerous nodules on his lungs.

The Board denied a waiver of recovery of an overpayment of VA benefits in the amount of $35,969.40 due to the Veteran's significant fault in creating the overpayment and because repayment would not cause undue hardship.

The Board is unable to properly address the Veteran's claim due to missing documents, and thus the case must be remanded for further action.

The Veteran's cause of death, NHL, is not service connected as it was not caused or contributed to by his active military service.

The Veteran died in December 1997. The appellant filed an informal claim for death pension benefits on May 19, 2016 and a formal application within one year of the first submission. The Board granted the effective date of May 19, 2016 for the grant of entitlement to death pension benefits with aid and attendance.

The Veteran's spouse was not considered eligible for additional benefits prior to March 25, 2016 because VA did not receive notice of the marriage within a year of its occurrence.