Other conditions decisions — 2019

The Veteran's claim for service connection for spinal stenosis and spondylosis was denied in April 1992, but reopened in June 2015. The effective date of the grant of service connection is set at June 5, 2015. A temporary 100% evaluation based on convalescence following surgery was also denied.

The Board has remanded the cases for additional development and examination. The Veteran's claims of service connection for anal fistula, claustrophobia, and a skin disorder are not addressed in this decision.

The Veteran's claim for compensation under 38 U.S.C. § 1151 was denied as there is no additional disability associated with his VA treatment, and the care provided by VA did not result in an additional disability.

The Board has decided that the Veteran's service dates need to be verified, and thus the case is being sent back for further action.

The Veteran's service on Active Duty for Training (ACDUTRA) does not qualify him for Chapter 33 (Post-9/11 GI Bill) education benefits because it is not considered active duty for the purposes of this benefit.

The Board has remanded the Veteran's claims for an increased rating and earlier effective date for special monthly compensation due to conflicting medical evidence regarding whether his right testicle was excised in service or if it is atrophied. The Veteran will be provided with a VA examination to determine this.

The Veteran's appeal is being remanded due to the need for further development of his financial records, including obtaining medical expense documentation and updated income information.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking any service-connected disability to the Veteran's death.

The Veteran's claim for a higher rating for Raynaud’s syndrome was granted, and service connection was established or confirmed for scleroderma, autoimmune hemolytic anemia, mesenteric mass, residuals of meningitis, chronic diarrhea, fungal infections of the lungs, and secondary service connection for rheumatoid arthritis.

The Board denied accrued benefits in excess of $8,379.00 as the appellant is not eligible to receive them due to her age and because she did not provide evidence of expenses related to the Veteran's last sickness.

The Board has remanded the case due to inadequate compliance with previous remand directives and the need for consideration of recent NAS findings regarding Parkinson's disease.

The appeal was dismissed because the appellant died during the pendency of the appeal.

The Board has granted a waiver of overpayment for death pension benefits in the amount of $336.00, finding that collection would be against equity and good conscience due to VA's delay in processing the Appellant's notification of increased income.

The Veteran's lipoma scar was found to meet the criteria for a 10% rating from November 19, 2009 to February 29, 2012 due to pain. The Board granted this claim.

The Veteran's surviving spouse, E.C., was granted death pension and special monthly pension benefits. However, the appellant, M.M., who is her daughter, did not qualify for accrued benefits as she does not meet the legal criteria to be considered a 'child' for VA purposes.

The Veteran's cause of death was cardiac respiratory arrest following brain hemorrhage with massive intercranial hematoma. The Board found that the Veteran did not have ischemic heart disease or any other condition related to service, including herbicide agent exposure.

The Veteran's service connection claim for a dental condition is denied as the evidence does not establish a nexus between his current disability and an in-service event.

The Veteran's competency was previously found to be incompetent due to psychosis and poor conceptualization of future events. However, a recent examination suggests he may now have the capacity to manage his finances. The Board has ordered additional VA examinations and records review to determine if the Veteran is competent enough to handle his VA benefits.

The Board has determined that the appellant's character of discharge is dishonorable, thus denying his eligibility for VA benefits except for health care under Chapter 17.

The Veteran's claim for a refund of educational contributions made under the Montgomery GI Bill (MGIB) is remanded due to insufficient evidence. The VA needs to obtain his basic pay records from December 1985 to February 1987 to determine if he contributed $1,200 towards the Chapter 30 program.