Other conditions decisions — 2021

The Board determined that the rate of survivor pension benefits for the Appellant was proper, but denied her claim as there was no new evidence to support a higher rate.

The Board denied the appellant's claim for a government-furnished headstone or marker and presidential memorial certificate due to the former service member having a discharge under other than honorable conditions, which is considered dishonorable and thus a bar to VA benefits.

The Board has determined that the Veteran's appeal regarding additional educational assistance benefits under the Post-9/11 GI Bill is now moot due to a restorative action taken by VA, and thus the appeal must be dismissed.

The Veteran's claim for service connection for a gastric disorder (previously 'heartburn') is denied as there is no current diagnosis of the condition.

The claim for payment or reimbursement of emergency medical expenses incurred at Southern Regional Medical Center on March 6, 2020 has been approved in part. The appellant must resubmit the claim with a corrected modifier for one line item that was not paid due to a billing issue.

The Board has remanded the case due to insufficient notice provided by the AOJ and lack of jurisdictional authority.

The Board has remanded the case due to insufficient notice provided by the AOJ regarding the basis for the denial of the claim and the need to provide additional evidence.

The Board has granted service connection for nonunion of the mandible and loss of tooth #24 as dental disabilities. The claims for dental disability for compensation purposes and outpatient treatment are remanded.

The Veteran's urinary disability, including incontinence and benign prostate hypertrophy, was not found to be service-connected or related to any service-connected condition. The Board also determined that the Veteran does not meet criteria for special monthly compensation based on need for aid and attendance or housebound status due to his service-connected disabilities.

The Veteran's former spouse, L.K., was awarded an apportionment of his VA compensation benefits from August 1, 2013 to February 25, 2014. The Board has determined that the procedural requirements for contested claims have not been met and the case is remanded for further action.

The Board has remanded the case due to insufficient verification of in-service exposure to trichloroethylene (TCE) and a need for a VA examination to determine if pancreatic cancer is related to service, including possible TCE exposure.

The Board denied the Veteran's claim for service connection for Restless Leg Syndrome, finding that there was no evidence of a chronic condition during service or within one year after discharge. The Board also found that the current RLS did not have its onset due to exposure to environmental hazards and was not secondary to his service-connected spondylolysis.

The Veteran's right leg disability, including a stress fracture of the tibia and instability, is rated at 10% since February 26, 2018. The rating for limitation of flexion prior to that date has been granted.

The Veteran's claims for increased ratings for residuals of hysterectomy and abdominal adhesions were denied as the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board has determined that the Veteran's chronic venous insufficiency of the bilateral lower extremities is at least as likely as not related to his service, and therefore grants service connection for this condition.

The Veteran's appeal for a waiver of the recovery of an overpayment of VA compensation benefits in the amount of $15,379.00 was dismissed as moot because he had already been granted equitable relief by the AOJ's Committee on Waivers and Compromises.

The Veteran's appeal was dismissed due to their death, and no service connection issues were decided.

The Board denied a rating in excess of 10 percent for the Veteran's degenerative joint disease of the right hand, finding that his condition did not meet criteria for higher ratings due to lack of ankylosis or incapacitating exacerbations.

The Veteran's claim for an earlier effective date for service connection of CAD was denied as the evidence did not show that his condition arose prior to August 4, 2016. The Board found that the earliest effective date possible was assigned when he experienced a myocardial infarction and was diagnosed with CAD on August 4, 2016.

The Board has remanded the case due to inadequate examination and reasoning in the previous VA opinion, requiring further development of the claim for service connection for a skin condition.