Other conditions decisions — 2019

DIC benefits are granted effective August 1, 2010, the date of death. The cause of death was service-connected.

The Veteran's income exceeds the applicable maximum annual pension rate, thus denying his claim for veteran's pension benefits.

The Board has determined that the issue of increasing the amount of apportionment benefits to the appellant in excess of $350 per month is not ripe for appellate review due to procedural issues. The Veteran and his estranged spouse need to provide updated income and expense information, including any spousal support payments or obligations.

The Veteran's sinus disorder and right hip disability were denied service connection. The Board found no evidence linking the current conditions to service, including exposure to sandstorms during active duty.

The Board has remanded the claims for service connection for heart attack and colon cancer as secondary to psycho physiological musculoskeletal reaction due to conflicting opinions regarding whether these conditions were aggravated by the service-connected condition.,Further examination may be necessary to clarify if there is any aggravation of the claimed conditions beyond their natural progression.

The Board has determined that the Veteran's respiratory disorder, including a nasal disability, is not service-connected because there is clear and unmistakable evidence that the injury pre-existed service and was not aggravated by service.

The Veteran's myasthenia gravis is being remanded for further evaluation due to the need for a new medical opinion regarding its relationship to his service-connected disabilities, specifically exotropia and diplopia.

The Board has decided to remand the case due to new evidence received after the November 2018 rating decision, which includes a VA examination report indicating ear discharge suggestive of an ear infection. The issue on appeal is for service connection for otitis media and externa.

The Board denied the Veteran's claim of service connection for a left foot injury because no new and material evidence was submitted to reopen the claim.

The Board denied the claim for a special monthly pension (SMP) for a surviving spouse based on the need for aid and attendance of another person, finding that the evidence did not show the appellant was in need of regular aid and attendance.

The Veteran's claims for higher ratings and TDIU have been denied. The case is remanded to adjudicate the TDIU claim.

The Board has decided to remand the case due to incomplete records and incorrect service dates provided by VA. The Veteran's respiratory disability claim will be reconsidered after obtaining accurate service records.

The Veteran's claim for an initial compensable rating for multiple lipomas of the anterior neck prior to March 19, 2012 was granted. The claim for a higher rating since March 19, 2012 and for multiple lipomas of the posterior neck prior to October 31, 2013 were denied. The Veteran's claim for an initial compensable rating for multiple lipomas of the posterior neck since October 31, 2013 was granted.

The Veteran's appeal was dismissed because he died before a final decision could be made, and the case has no jurisdiction to proceed.

The Board denied the Veteran's claims for service connection for polycythemia, including as secondary to hypertension and due to exposure to toxic herbicides. The evidence did not establish a direct relationship between the Veteran's current condition and his military service.

The Board has remanded the DIC claim due to insufficient compliance with previous remand directives. The death pension benefits termination is also remanded for a detailed audit of income and unreimbursed medical expenses.

The Veteran's claim for compensation under 38 U.S.C. §1151 for additional disability due to VA left eye cataract surgery is granted, but the case is remanded as new and material evidence has been received.

The Board has remanded the issue of entitlement to a TDIU due to service-connected disability for further development.

The Board denied a compensable initial rating for the Veteran's service-connected fractured jaw, finding that his loss of teeth did not meet the criteria for a compensable rating under Diagnostic Code 9913.

The Board denied entitlement to VA nonservice-connected disability pension benefits because the Veteran was not permanently and totally disabled from nonservice-connected disabilities.