Other conditions decisions — 2019

The Board has granted the Veteran's claim for service connection for bilateral hip pain, productive of limitation of flexion as secondary to his service-connected lumbar strain.

The Board has remanded the case due to non-compliance with a previous directive to obtain brain tumor tissue samples and to document all actions taken. The case will be remanded for further development, including obtaining the tissue samples and providing opinions on the Veteran's service connection claims.

The Veteran's claim for service connection for respiratory cancer is being remanded due to the submission of new evidence that raises a reasonable possibility of substantiating his claim. The Board will seek an addendum opinion regarding the Veteran's assertion of exposure to toxic water at Camp Lejeune and review the military personnel records to confirm the length of time he was stationed there.

The Veteran's retinopathy and cataracts of the right and left eyes have not been productive of muscle dysfunction or incapacitating episodes, resulting in a noncompensable rating.

The Veteran's claims for increased ratings for left foot hallux valgus and hammer toes have been denied as the evidence does not support a compensable rating under applicable VA regulations.

The Veteran's claim for increased ratings for his L5 spondylosis, left inferior articular facet of L4 fracture, without subluxation, with degenerative joint disease (DJD) and intervertebral disc disease (IVDS) is being remanded due to the addition of relevant VA treatment records and SSA medical records to the claims file.

The Board has decided to remand the case due to the need for additional development, including obtaining private treatment records and providing a new VA medical opinion.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA death pension benefits due to her divorce from the Veteran prior to his death.

The Board has recognized the appellant as the Veteran's surviving spouse for purposes of VA death benefits, based on evidence showing that the separation was due to the Veteran's misconduct without fault of the appellant.

The Veteran's left hip disability, specifically the impaired flexion and adduction conditions, do not warrant a higher rating as they are currently rated at 20% for flexion and 10% for adduction.,The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The appellant withdrew her appeal for accrued benefits, and the Board dismissed it.

The Board found that the overpayment of VA pension benefits for the period beginning July 1, 2011 due to receipt of SSA benefits was properly created. The appeal is denied.

The Board denied the Veteran's claim for service connection for colon cancer and its residuals, finding no direct or presumptive evidence linking these conditions to his military service.

The Veteran's appeal for a higher level of SMC aid and attendance allowance for his wife, M.H., has been dismissed as he did not pursue the appeal in writing.

The Veteran withdrew his appeal, effectively dismissing the case.

The Board denied service connection for the claimed residuals of pneumonia, including asthma, COPD, and emphysema, as there was no evidence that these conditions were incurred or aggravated by active service.

The Veteran's mild obstructive lung defect has been rated at 10 percent since December 2014. The Board found that the evidence does not support a higher rating based on the results of Pulmonary Function Tests (PFTs).

The Veteran seeks recognition of his adopted adult son, I.G., as a 'helpless child' for the purpose of additional dependency compensation. The Board finds that VA has not obtained all necessary records to make an informed decision.

The Board denied the appellant's claim for VA survivor's pension benefits because her income exceeded the maximum annual pension rate.

The Veteran's death during the appeal means that no apportionment of VA benefits can be made, and thus the appeal is dismissed.