Other conditions decisions — 2019

The Board denied the Veteran's claim for an effective date prior to April 1, 2012, for additional compensation based on a dependent spouse. The earliest notice provided to VA of intent to file a claim was March 21, 2012, and actual payment began on April 1, 2012.

The Veteran's bilateral varicose veins are not manifested by persistent edema, stasis pigmentation or ulceration, and thus do not warrant a higher evaluation.

The Veteran's claim for service connection for a stomach disability is being remanded due to the need for additional medical evidence and an examination.

The Veteran's daughter is not eligible for accrued benefits as she did not meet the eligibility criteria and there was insufficient evidence to support her claim of reimbursing expenses.

The Board has remanded the case to determine if the Veteran was exposed to asbestos in service and whether his cause of death (pulmonary fibrosis) is related to his military service.

The Veteran's service-connected Tardive Dyskinesia is restored, and he is granted special monthly compensation based on the need for regular aid and attendance. Service connection for excessive attrition (claimed as dental condition) is also established as secondary to his service-connected Tardive Dyskinesia.

The Veteran's hemorrhagic stroke in November 2012 is being remanded due to duty to assist errors, and a VA examination will be required to determine if the lack of hypertension medication caused her stroke.

The Veteran's claim for an increased rating for chronic prostatitis and urethral strictures is being remanded due to the need for a new VA examination.

The Veteran's cholelithiasis, previously rated as noncompensable, is now rated at 30 percent effective October 21, 2013. The Board found that the Veteran's symptoms of severe, frequent attacks of gallbladder colic meet the criteria for a 30 percent rating.

The Veteran's death was not caused by a service-connected condition, and the appellant is not entitled to nonservice-connected death pension benefits or DIC benefits under 38 U.S.C. § 1318.

The Veteran withdrew his appeals for TDIU and special monthly pension.

The Veteran's claims for increased evaluations for limitation of extension and flexion of the left hip were denied as his symptoms did not meet the criteria for a compensable evaluation under the applicable diagnostic codes.

The Veteran's surviving spouse is not entitled to nonservice-connected death pension benefits as her income exceeds the maximum annual pension rate.

The Board is unable to properly review the Veteran's appeal due to a missing March 7, 2015 eBenefits claim and requests its placement in the electronic claims folder.

The Board has decided to remand the cases for additional development, including obtaining relevant VA treatment records and providing an addendum medical opinion regarding the Veteran's bilateral eye disabilities.

The Veteran's request for waiver of an overpayment in the amount of $3,439.40 was denied as recovery would not be against equity and good conscience.

The Board denied the Veteran's claim for service connection for gout, finding that it is not related to his service-connected right knee bursitis with osteoarthritis and did not find evidence of secondary service connection.

The Board denied the extension of DEA benefits beyond December 18, 2005 due to lack of evidence showing conditions beyond the appellant's control that would have warranted an extension.

The Veteran is granted a special monthly pension based on the need for aid and attendance due to her visual impairment and balance issues related to blindness.

The appellant is not considered the surviving spouse of the Veteran for purposes of VA death pension benefits due to her remarriage and subsequent divorce, which does not meet the eligibility requirements.