Other conditions decisions — 2023

The Veteran and the appellant are cohabitating, which prevents an apportionment of the Veteran's VA benefits to the appellant.

The appeal for an apportionment of the Veteran's VA compensation benefits on behalf of his minor children J.G., B.G., and M.G. is dismissed due to the death of the Appellant, O.P.

The Board has not found any relevant VA or private treatment records to support the claim for service connection for the cause of the Veteran's death. The case is being remanded to obtain these records.

The Veteran's claim for an earlier effective date for additional dependency compensation was denied. The overpayment created due to the removal of his former spouse from his award as a dependent was found to be properly created.

The Board has granted service connection for otitis media and osteomyelitis, finding that both conditions are secondary to the Veteran's service-connected maxillary sinusitis.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was legally divorced from the Veteran at the time of his death and therefore not eligible for VA death benefits.

The Board has determined that the Veteran's residuals of a stomach ulcer disability is presumed to have been incurred during his active duty service, resolving all reasonable doubt in favor of the Veteran.

The Veteran's claim for an increased rating for his left pinky fracture was denied as the disability is already rated at its maximum allowable under VA regulations.

The Veteran's service-connected Hodgkin's disease is being remanded for a VA examination to determine its current severity and whether it is permanently disabling.

The Board has granted a total disability rating based on individual unemployability due to service-connected disabilities as of April 30, 2012.

The Board is remanding the case due to incomplete evidence and for consideration of new VA treatment records. The Veteran's early discharge was not due to his own willful misconduct, but a physical condition.

The Board has not obtained all the requested non-VA medical records and remands for further development.

The Board has found that additional development is required for the earlier effective date claims related to chronic lymphocystic leukemia (CLL) and Dependents' Educational Assistance (DEA). The Veteran's CLL was granted service connection based on exposure to contaminated water at Camp Lejeune, but an earlier effective date is needed due to a regulatory change. The Board also notes that the grant of basic eligibility for DEA benefits is inextricably intertwined with the remanded issue of CLL.

The Board has determined that the VA medical opinion provided is inadequate and requires further examination to determine if the Veteran's bilateral shin splints are related to service, caused by her service-connected disabilities, or aggravated by her service-connected disabilities.

The Board has determined that the Veteran's timely notice of disagreement was filed with the March 2016 rating decision, and thus the appeal is granted.

The Board denied the claim for service connection of Bone Mineral Disease (BMD) due to a lack of current diagnosis, as evidenced by normal laboratory tests and no pathology supporting a diagnosis.

The Veteran's benefits are granted to be apportioned to his children due to financial hardship, with a special apportionment of 20 percent of the Veteran's VA compensation benefits for each child, D.D. and J.D., during their periods as defined 'child' under 38 U.S.C. § 101(4)(A).

The Board has reopened the Veteran's claim for service connection for a head injury due to new and material evidence. The case is remanded for further examination and opinion regarding the etiology of the claimed condition.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits as his body was not unclaimed and he died at a non-VA facility without VA authorization or expense.

The Board has granted service connection for varicocele and hydrocele of the testicles, finding that these conditions first manifested during active service.