Other conditions decisions — 2019

The Board found that the Veteran's current OCD pre-existed his enlistment in service and did not increase in severity beyond natural progression during service, thus denying service connection for OCD.

The Board has remanded the case for consideration of an apportionment request, a waiver of recovery overpayment, and to perform an audit. The issues are related to whether the Veteran's disability compensation benefits were properly created due to incarceration.

The Veteran's claim for service connection for a right toe disability was granted, and he is now receiving an initial evaluation of 100 percent disabling for PTSD. The effective date for the PTSD award has been set at September 28, 2015.

The Board has remanded the case due to missing medical records that may show a connection between the Veteran's colon cancer and his death. The appellant must provide authorization for VA to obtain these records.

The Board dismissed the appellant's appeal because she died during the pendency of her appeal, and thus the case does not survive her death.

The Veteran's back disability is currently rated at 30 percent, and the Board has decided to remand this case for further evaluation due to inadequate examination in November 2014.

The Veteran's dysthymic disorder rating is being remanded due to the need for a new examination given the length of time since her last VA examination.

The Board has remanded the claim for service connection for a disorder manifested by neurobehavioral effects, including as secondary to contaminated water at Camp Lejeune due to presumed exposure. The Veteran was exposed during her time at Camp Lejeune and is presumed to have been exposed to contaminants in the water supply systems. However, she does not meet the criteria for presumptive service connection because she has no diagnosis of any of the 8 presumed diseases. A VA examination is needed to determine if a disorder manifested by neurobehavioral effects is related to her service, including her exposure to contaminated water at Camp Lejeune.

The Board dismissed the appellant's claim for payment as a caregiver of her deceased husband, finding that she did not have jurisdiction to award such benefits due to the statute's limitations and the lack of appeal rights.

The Board denied the Veteran's claim for service connection for left breast cancer, finding that her condition did not have its onset in service or within one year after separation and is not otherwise related to service.

The Veteran's 5 months and 29 days of active duty service in the Coast Guard from February to July 1965 is sufficient for eligibility to nonservice-connected pension benefits.

The Veteran's claim for a rating in excess of 40 percent for his service-connected skin disabilities was denied. The Board found that the current 40 percent rating is appropriate based on the criteria for scars that are unstable or painful.

The Veteran's spouse died in January 2013, and the Appellant filed a claim for accrued benefits more than one year later. The Board denied the claim as it was not timely filed.

The Veteran's son did not file any unresolved claims for VA benefits prior to his death, and the accrued benefits claim was received nearly 14 years after the Veteran's death. Therefore, the appellant's accrued benefits claim is denied.

The Veteran's medical travel by ambulance on November 19, 2014, to a non-VA facility was not authorized by VA and thus payment or reimbursement for these expenses is denied.

The Veteran's claim for an increased rating in excess of 10 percent for bilateral metatarsalgia was denied. The Board found that the current evaluation under Diagnostic Code 5279 is already at its maximum, and no higher ratings are warranted.

The Board has remanded the case due to insufficient evidence and will conduct further development, including obtaining additional medical records and statements from family members. The examiner is requested to provide an opinion on whether it is at least as likely as not that the Veteran had a mental disorder related to service which led to death or hastened death.

The appeal of the issue regarding the cause of the Veteran's death has been dismissed because the appellant requested withdrawal prior to a decision being made.

The Veteran's claim for service connection for a neck condition, which is secondary to his service-connected DDD of the lumbar spine, has been remanded.,The Veteran's claim for service connection for a liver transplant has been remanded.

The Board has determined that the overpayment of compensation and pension benefits in the amount of $3,798 was properly created but granted a waiver for recovery due to lack of fault on the part of the Veteran.