Other conditions decisions — 2019

The Board has remanded the cases for further development due to insufficient notification of VA examinations and for obtaining additional medical records.

The Veteran's spouse N was added to his compensation award effective March 1, 2015. The Board denied a request for an earlier effective date.

The Veteran's appeal has been dismissed due to their death, and the Board does not have jurisdiction to proceed with the merits of the case.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to worsening symptoms, and also requested additional information regarding his employment history. The Veteran is also being asked to provide private treatment records or sufficient information so that VA can obtain those records on his behalf.

The Board denied the Veteran's claim for special monthly pension based on the need for regular aid and attendance due to lack of evidence showing that he needs assistance from another person.

The Board found that the reduction in VA disability compensation benefits for concurrent receipt of military service drill pay and active duty pay was proper, thus denying the appeal.

The Board has decided that the Veteran's stroke residuals status post shunting does not meet the criteria for service connection. The issue of service connection for a pulmonary embolism is remanded and will be addressed again.

The Board denied the Veteran's claims for service connection for cause of death, basic eligibility for VA death pension benefits, and accrued benefits. The Veteran died in April 2010 from acute respiratory failure due to non-small cell cancer of the lung with right-sided pneumothorax, but his conditions were not related to his military service.

The Veteran's lung condition, including centrolobular emphysema, is being remanded for further examination and analysis to determine if it is related to service or his service-connected degenerative arthritis of the lumbosacral spine with degenerative disc disease.

The Board dismissed the appeal because the appellant requested to withdraw their appeal prior to a decision being made.

The Board has determined that the Veteran's son, D.P., was permanently incapable of self-support prior to attaining the age of 18 and therefore qualifies as a 'helpless child' for VA benefits. The decision is based on evidence showing significant psychological and academic difficulties from an early age.

The Veteran's unauthorized medical expenses incurred for a nonservice-connected skin condition on June 20, 2018 at Dermatology Associates of Wisconsin were denied as the treatment was not for an adjudicated service-connected disability and there was no indication of a medical emergency.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's Dupuytren's contracture and its relationship to his service-connected diabetes mellitus, type II.

The Veteran's stroke was misdiagnosed as a side effect of medication, leading to delayed treatment and resulting in additional disabilities. The Board has granted compensation under 38 U.S.C. § 1151 for the misdiagnosis.

The Board has remanded two issues: whether the debt in the amount of $7,591.62 was validly created and the Veteran's request for a waiver of overpayment related to an earlier effective date of September 4, 2007 for the award of DIC benefits.

The Board dismissed the appeal due to the appellant's death, as claims do not survive their deaths.

The Veteran's son is denied accrued benefits as he does not meet the criteria for eligibility, including paying for his mother's last illness and burial.

The Board has decided that further development is needed to determine if the Veteran's service-connected conditions contributed to his death, and has remanded the case for a medical opinion.

The Veteran's claim for service connection for chronic myelogenous leukemia was granted with an effective date of May 18, 2011. The decision is based on direct evidence linking the condition to his active duty service at Camp Lejeune.

The Veteran's follicular lymphoma is in remission and has not recurred or metastasized since treatment concluded in May 2006. The Veteran does not have any compensable residuals from the disease, including anemia, thrombocytopenia, polycythemia vera, sickle cell anemia, or scars. Therefore, he is not entitled to a higher rating for his follicular lymphoma.