Other conditions decisions — 2019

The Veteran's claim for a $300.00 per month general apportionment of his nonservice-connected pension benefits on behalf of his dependent children, C.L. and C.L., has been granted due to their not being in the Veteran’s custody at any point during the appeal period.

The Board has reopened the Veteran's claim for service connection of a right elbow disability and granted service connection based on aggravation during service. The pre-existing condition was found to have worsened due to military service-related injuries and strenuous activities.

The Veteran's surviving spouse is granted an increase in special monthly compensation (SMC) survivor's benefits based on her housebound status due to medical appointments and chemotherapy.

The Board has determined that the Veteran's DJD MTP joint, hallux valgus and calcaneal spurring of the right foot are aggravated by his service-connected right knee disability. As a result, service connection for these conditions is granted.

The Veteran's spouse is not entitled to additional DIC benefits as the Veteran had a 100% disability rating for less than eight years prior to his death and no other factors qualify her for additional payments.

The appeal is dismissed due to the appellant's death, and no order granting substitution has been issued.

The Board has remanded the claims for bilateral shin splints and residuals of a fractured left leg due to insufficient development, including the need for a statement of the case and a VA examination.

The Board denied the Veteran's claim for service connection for a right upper extremity nerve condition, finding that his current neurological complaints are not related to his in-service deltoid palsy and do not have their onset during service.

The Board has remanded the Veteran's claims for hip and back disabilities due to insufficient development of evidence, including a need for new VA medical opinions.

The Board denied service connection for eye disorders other than lattice retinal degeneration with retinal hole of the eyes, finding that these conditions were not incurred in service and are not secondary to a service-connected disability.

The Veteran's cause of death was intrahepatic biliary cancer, which the VA medical opinions concluded was not related to his military service or herbicide exposure.

The Board denied the Veteran's claim for service connection for a heart disability, finding that his ASD and its residuals are congenital defects not subject to superimposed disease or injury related to service. The Board also found no current disability other than ASD and its residuals.

The Veteran's death was not service connected, and the appellant did not meet the criteria for nonservice-connected burial benefits. The claim is denied.

The Board has remanded the case due to non-compliance with previous remand directives regarding an accounting of the Appellant's countable income, including the calculation of unreimbursed medical expenses.

The Veteran's son was not found to be permanently incapable of self-support at the age of 18, and thus is not considered a helpless child for Dependency and Indemnity Compensation or death pension benefits. The appellant also did not file a timely claim for accrued benefits within one year after his father's death.

The Veteran's claim for special monthly compensation in excess of the rate payable under 38 U.S.C. § 1114(p) is being remanded due to incomplete VA treatment records and the need for a VA examination.

The Veteran is alleging there was clear and unmistakable error in the prior denial of his education benefits claim. However, without access to any prior claim or denial, the Board cannot determine when he filed a claim for education benefits, which specific program he applied for, and why it was denied.

The Veteran requested a pre-determination hearing for the termination of his VA nonservice-connected pension benefits effective September 1, 2009. The case is being remanded to schedule this hearing.

The Board has decided to remand the case due to insufficient medical records and the need for a medical opinion regarding the etiology of the Veteran's left hand symptoms.

The Veteran's claim for an initial compensable rating for degenerative joint disease of the right thumb, long, and ring fingers was denied as his condition does not meet the criteria for a compensable rating under applicable diagnostic codes.