Other conditions decisions — 2019

The Board has decided to remand the case due to new evidence being added to the claims file, which includes recent VA treatment records discussing the nature and etiology of the Veteran's varicose veins. The claim will be reconsidered by the AOJ with this new information.

The Board has remanded the claims of service connection for left leg weakness, urinary urgency, and anemia due to insufficient evidence in the record. The Veteran is required to attend a VA examination to provide medical opinions regarding the onset and relationship of these conditions to her military service.

The Veteran's adult cousin is granted an additional $1,596.00 in accrued benefits for the cost of nursing care related to the Veteran's final illness.

The Board has granted service connection for left and right hand fingernail clubbing, finding that it is related to the service-connected clubbing of the nails of the bilateral feet.

The Veteran's right lower extremity was granted a 20% evaluation from July 17, 2013 to May 2, 2018. From May 3, 2018 onwards, the Veteran is denied an evaluation in excess of 40%. The decision does not address service connection or exposure basis.,The Veteran's left lower extremity was granted a 40% evaluation from March 19, 2013. No further evaluations were addressed.

The Board denied the veteran's claim as his active duty service from March 1979 to June 1983 is not considered honorable for VA purposes and constitutes a bar to payment of monetary VA compensation.

The Veteran's claim for a compensable rating for anal fistula prior to March 24, 2015, and a rating in excess of 30 percent on and after March 24, 2015, was denied. The Board found that the evidence did not support higher ratings based on the severity of symptoms.

The Board has previously remanded the TDIU claim, and due to incomplete employment history provided by the Veteran, it is necessary to obtain updated VA treatment records and federal Social Security Administration (SSA) records.

The appellant is not eligible for accrued benefits as she does not meet the statutory criteria of a child or as a payor of her mother's last expenses. The Board denied the claim due to lack of entitlement.

The Veteran's spouse was not recognized as his surviving spouse for VA death benefits purposes due to the divorce and the appellant did not file her claim within one year of the Veteran's death. The appeal for accrued benefits was also denied because it was filed more than a year after the Veteran's death.

The Veteran's left-hand disability (status post ulnar nerve transection) does not render her in need of regular aid and attendance due to the need for care or assistance on a regular basis to protect her from hazards or dangers incident to her daily environment. The Board finds that she is not entitled to SMC based on the need for regular aid and attendance or at the housebound rate.

The Veteran's VA benefits were withheld due to concurrent receipt of disability compensation and military drill pay for 28 days in FY 2014. The Board found the withholding proper based on evidence showing he received 347 drill days, resulting in a withholding of $3,633.70.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his bronchogenic carcinoma to his military service. The Board considered various medical opinions and noted that the most competent evidence attributed the cancer to the Veteran's history of smoking.

The Board has granted the reopening of the claim for service connection for the cause of the Veteran's death, but denied the reopening of the claim for death pension benefits based on helpless child status.

The Board denied the veteran's daughter's claim for nonservice-connected death pension benefits as a child of the Veteran due to her income exceeding the maximum allowable pension rate and because she did not meet the criteria for being a child of the Veteran.

The Veteran's right eye disorder is remanded for a VA examination to determine if it is related to his in-service exposure to contaminated water at Camp Lejeune, including as a result of neurobehavioral effects.

The Veteran's initial compensable ratings for left and right medial epicondylitis prior to September 6, 2016 are denied. The Board finds that the evidence does not support a finding of ankylosis, painful motion, limited motion, joint fracture, flail joint, nonunion, malunion, or functional equivalent thereof in either elbow prior to September 6, 2016.

The appellant's claim for burial benefits was denied as the Veteran’s surviving spouse had already received the benefits, and there is no legal basis to award additional benefits.

The Board denied service connection for a gastrointestinal disorder and Bell's Palsy, finding that the Veteran did not present clear and unmistakable evidence of pre-existing conditions or show an increase in severity during service.

The Board denied accrued benefits to the appellant as she is not an eligible claimant and did not pay expenses of last sickness or burial.