Other conditions decisions — 2019

The Board has granted service connection for chronic constipation, and the case is remanded to assign an initial disability rating and determine if TDIU criteria are met.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of VA benefits due to a legal divorce and lack of continuous cohabitation.

The Veteran's claims for increased ratings and TDIU were denied as the evidence did not support a compensable rating for his left inguinal hernia or an initial rating in excess of 10 percent for his surgical scar, residual of left inguinal hernia. The Board also found that he was not precluded from participating in substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected dental or oral conditions are being remanded for a new VA examination to assess the current level of severity.

The Board denied the appellant's claim for accrued benefits due to a lack of clear evidence that the VA Form 21-601 was timely filed with VA prior to June 25, 2013. The appellant argued that his Congressman’s aide received and submitted the form within one year of his father's death.

The Veteran's claim for service connection for Chronic Lymphocytic Leukemia (CLL) was received on January 30, 2017. The effective date of the grant of service connection is set at this date as it is the later of when entitlement arose and when the claim was submitted.

The Veteran's right shoulder condition is found to be a pre-existing disability, and the Board requests an addendum opinion from the March 2016 examiner to consider the impact of the Veteran's recreational activities on his pre-existing condition.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center from June 10 to June 15, 2015 were granted payment or reimbursement.

The Veteran died in September 2013 due to cardiac arrest and septic shock. The immediate cause of death was not service-connected.,He did not have any service-connected heart or blood conditions at the time of his death.

The Board found that the original grant of service connection for multiple myeloma was based on an incorrect plasma cell percentage, leading to a misdiagnosis. The correct diagnosis is now MUGUS or smoldering multiple myeloma, which are not subject to presumptive service connection due to exposure to herbicide agents. Therefore, the severance of service connection for multiple myeloma was proper.

The Veteran's cause of death, acute pulmonary edema and idiopathic left ventricular hypertrophy, is not service-connected as there is no evidence to show in-service onset or chronic a heart condition within one year of separation.

The Veteran's claim for service connection for the residuals of loss of the right testicle has been denied as there is no evidence that his pre-existing condition was aggravated by military service.

The Veteran did not serve during a period of war, so the claim for nonservice-connected death pension is denied.

The Veteran's compensation benefits were restored from September 16, 2013 through July 29, 2014 as he was not on active duty during that period.

The Board previously remanded the case to consider different rating criteria for the Veteran's vitiligo, and it is now required to do so again.

The Board has determined that the Veteran's non-VA medical treatment on January 28, 2013 at RSMC was emergent and thus eligible for reimbursement. The appeal is granted.

The Board has remanded the cases due to incomplete information and consideration of whether a TDIU should be referred for extra-schedular review. The special monthly compensation claim is also held in abeyance pending completion of these tasks.

The Board denied the Appellant's claim as a surviving spouse for VA death pension benefits because she was not married to the Veteran at the time of his death and did not continuously live with him from the date of their marriage until his death.

The Board has remanded the claim for service connection for a dental condition due to inadequate examination and opinion regarding the nature and etiology of any current or previously existing dental conditions, specifically whether they are related to trauma in service.

The Veteran's claim for an increased rating for his service-connected urethral injury with intermittent urethral bleeding is being remanded due to the need for a new VA examination.