Other conditions decisions — 2019

The Veteran's daughter, R.W., has requested an apportionment of the Veteran’s VA compensation benefits. The RO denied this request due to financial hardship caused by granting the apportionment. The case is being remanded for further clarification on whether the Veteran still wants the apportionment.

The Board has determined that a new VA examination is needed to assess the current severity of the Veteran's right hip disability, including range of motion and flare-ups. The Veteran must attend this examination or provide proper notice for its cancellation.

The appellant does not have the proper standing to be recognized as an individual entitled to receive accrued benefits, and her claim is denied.

The Veteran's daughter, S.G., is seeking an increased apportionment of the Veteran’s VA compensation benefits and a prior effective date for this award. The Board has determined that these issues need to be remanded due to procedural deficiencies in following contested claim procedures.

The Veteran's claim for service connection for colon cancer, including exposure to herbicides, has been reopened. The case is now remanded for further evaluation and a medical opinion regarding the relationship between his current condition and his military service.

The Board denied the Veteran's petition to reopen his claim for service connection for schizoaffective disorder, finding no new and material evidence has been submitted.

The Board has determined that additional development is needed to verify the appellant's father's military service and any prior claims for benefits filed by him or his mother. The appeal will be remanded for these purposes.

The Veteran's lung disorder and prostate disorder were not found to be related to service, including exposure to herbicide agents or asbestos.

The Veteran withdrew his appeal of the issue of entitlement to service connection for narcolepsy.

The Veteran's ulcerative colitis has worsened since the last VA examination in August 2016, and additional evidence is needed to determine if a higher rating is warranted.

The Board has dismissed the claims for special monthly compensation based on the need for aid and attendance due to lack of a timely appeal, and also dismissed the claim for an earlier effective date.

The Board has determined that the Veteran's service connection claims for sleep disturbance and arthritis in multiple joints should be remanded due to insufficient evidence supporting a diagnosis of these conditions related to active service.

The Board has remanded the case due to the AOJ's failure to conduct necessary development, including obtaining an opinion on whether any acquired psychiatric disability clearly and unmistakably existed prior to service and if so, whether it was aggravated by active service. The Veteran contends that his current schizoaffective disorder is related to his in-service experiences.

The Veteran's service-connected perianal fistula is granted a rating of 60 percent, but not higher. The Veteran's Crohn's Disease and painful scars are also addressed with appropriate ratings.

The Veteran's service-connected left shoulder disability is considered to have contributed substantially or materially to his death from lymphoma with bone metastasis, and thus service connection for the cause of death has been granted.

The Board denied the Veteran's claim for service connection for arterial blockage in both legs and the stomach area, finding no new and material evidence to reopen the claim.

The Veteran's claim for a higher rating for posterior left diaphragmatic hernia is granted from February 18, 1978. The claim for a higher rating for splenectomy remains denied.

The appellant is not recognized as the Veteran's surviving spouse for purposes of eligibility for VA death pension benefits because she remarried in August 2009 and remains married to her current spouse.

The claim for accrued benefits on behalf of the Veteran's widow was denied as there were no due and unpaid benefits at the time of the Veteran's death, and her income exceeded the maximum annual pension rate.

The appeal for a waiver of indebtedness of improved pension benefits in the amount of $32,488.00 has been dismissed as moot because the decision granting the waiver has resolved the underlying issue.