Other conditions decisions — 2019

The Board has determined that further development is needed to determine if the Veteran's stasis ulcers of the right lower extremity and left hip replacement are related to his service-connected disability of status post total right knee arthoplasty. The case will be remanded for additional examination opinions.

The Veteran's death was caused by Burkitt's lymphoma, which is not service-connected. The appeal for death pension and special monthly pension benefits due to the Veteran's death has been denied.

The Veteran's marriage to the appellant was not valid at the time of his death, thus denying the appellant's claim for recognition as a surviving spouse and her entitlement to VA pension benefits.

The Veteran's left and right heel spurs were granted initial 10 percent ratings.,The Veteran's left radial neck fracture was not granted a higher rating.,The Veteran's HIV manifestations were granted a 30 percent rating.,The Veteran's hypertension, frostbite residuals of the left hand fingers 3-5, and shingles received appropriate ratings.,Prior to July 28, 2017, the Veteran's bilateral hearing loss was not granted a higher rating. From July 28, 2017, his bilateral hearing loss was granted an 80 percent rating.,The Veteran's TDIU after July 28, 2017, was denied.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient medical evidence regarding the cause of his vision loss, and the AOJ must obtain an opinion from a qualified examiner on whether VA care caused this disability.

The Veteran's nerve damage secondary to non-Hodgkins lymphoma has been granted a 30 percent evaluation, effective January 11, 2016.

The Veteran's surviving spouse is seeking to be substituted as the claimant for SMC based on a higher level of aid and attendance. The Board has remanded the case due to unclear intent regarding whether she wishes to proceed as an accrued benefits claim or substitution.

The application to reopen the claim for service connection for a mood disorder is denied. The Veteran's respiratory disability claim has been remanded due to lack of VA opinion.

The Board denied a separate compensable rating for bladder impairment associated with the Veteran's service-connected lumbar spine disability, finding that there was no evidence of an association between the two conditions.

The Veteran's service-connected scars from excisions of recurrent lipomas on extremities and trunk have been rated at 60 percent, covering sixty percent of the body. The Board found that this rating is appropriate as there are no scars of the head, face or neck with visible or palpable tissue loss.,The Veteran has also been granted a TDIU due to his service-connected lipomas and related pain affecting his ability to work.

The Board has ordered additional development to obtain private cardiological treatment records and an addendum opinion regarding the severity of the Veteran's service-connected cardiomyopathy prior to October 28, 2014.

The Veteran's overpayment of $9340.50 was waived due to the fault of both parties, including VA's failure to curtail payments during his incarceration and the Veteran's good faith efforts to mitigate any damages.

The Board found that the appellant's character of discharge was under other than honorable conditions and constitutes a bar to VA benefits, as his periods of absence without leave (AWOL) do not meet the criteria for an upgrade to an honorable discharge.

The Board has remanded the Veteran's claims for gastrointestinal condition and skin cancer as secondary to service-connected conditions or due to exposure to contaminated water at Camp Lejeune, non-ionizing radiation, and Agent Orange.

The Veteran's claims for service connection for alcohol abuse disorder and liver cancer, as well as his claim for TDIU prior to August 25, 2016, are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for VA benefits at the time of his death. The Veteran died at a private hospital and there is no indication that he was admitted to a VA facility before his death. Therefore, the criteria for burial benefits are not met.

The Veteran's death pension claim is denied because the Appellant was legally divorced from the Veteran at the time of his death and did not meet the requirements to be considered a surviving spouse.

The Veteran's claim for a compensable rating for service-connected sensory deficits of the right lower extremity is denied as there is no evidence of current symptomology related to this condition.

The Board denied the Veteran's claim for service connection as his spinal cerebellar ataxia is a genetic predisposition that first manifested in 1990 or 1991, several years after his separation from active service.

The Board has remanded the case due to issues related to termination of VA non-service-connected disability pension benefits.