Other conditions decisions — 2019

The Board denied the Veteran's claims of service connection for arthritis in both hands and arms, as well as back arthritis. The appeals were not reopened due to lack of new and material evidence.

The Veteran's service-connected perforated right ear drum has been assigned the maximum schedular rating authorized, and therefore a compensable disability rating is denied.

The Veteran's medical expenses for June 27, 2011 at Eagle River Memorial Hospital are reimbursed as the treatment was for an emergency condition and a VA facility was not feasibly available.

The claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida was dismissed as the appellant did not file a timely substantive appeal.

The Board has granted the Veteran's claim for service connection for a right lung condition, finding that his current condition is related to events during his military service.

The Veteran's daughter, L.W., was found to be permanently incapable of self-support prior to her 18th birthday due to disabilities including mental retardation. The Board granted recognition as a helpless child.

The Board denied the Veteran's claims for service connection for residuals of a left eye injury and stye, as well as for status post left inguinal hernia repair. The Board found no evidence linking these conditions to service.

The Veteran's death was denied due to lack of service connection for the cause of his death, and compensation benefits under 38 U.S.C. § 1151 for ureteral perforation were also denied.

The Veteran's daughter, A.D., is seeking an apportionment of the Veteran’s VA compensation benefits. The Board denied this claim as the appellant has not demonstrated financial hardship and the Veteran reasonably discharged his responsibility for supporting his daughter.

The Board has remanded the case for a VA examination to determine the current level of disability attributable to the tethered spinal cord defect.

The Veteran's claims for increased ratings, separate evaluations, and an earlier effective date are being remanded due to the failure to appear for a scheduled videoconference hearing. The CUE claim is also inextricably intertwined with these issues.

The Veteran's former attorney, J.W., is entitled to attorney fees based on a grant of past due benefits in the April 2017 rating decision. However, the Veteran has not received proper notice of this appeal and must be provided with copies of the September 2017 SOC and the content of his substantive appeal.

The Veteran's appeal for retroactive conversion of Chapter 34 education benefits to MGIB educational assistance benefits was denied as he did not meet the eligibility requirements and his claim is based on equity, which the Board cannot grant.

The Veteran's appeal to reopen a claim of service connection for right lower extremity lymphedema is granted. The appeal to restore service connection for left lower extremity lymphedema is granted. The appeal to determine whether the right leg lymphedema was caused or aggravated by the service-connected left leg lymphedema is remanded.

The Veteran's claim for educational assistance benefits at the 100 percent rate under the Post 9/11 GI Bill is granted because she served a minimum of 30 continuous days of active duty and was discharged due to a service-connected disability.

The Board has decided to remand the case due to incomplete records and questions regarding the Veteran's period of last illness. The Appellant will need to provide additional documents, including private and VA treatment records, as well as a death certificate.

The Board has not made a determination on the service connection claim due to insufficient evidence and needs further examination.

The Veteran's claim for a higher disability rating for bilateral metatarsalgia with heel spurs was denied as she is already receiving the maximum schedular rating under Diagnostic Code 5279.

The Veteran's claim for service connection has been reopened, but the claims of service connection for a chronic prostate disability and prostate cancer have been remanded due to insufficient evidence regarding exposure to herbicide agents and ionizing radiation.

The Veteran's claim for an increased evaluation for his left foot disability is being remanded to obtain additional VA treatment records.