Other conditions Board decisions

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse, finding that there was no clear and convincing evidence of a common law marriage between them in Alabama.

The Board has determined that the remand instructions were not followed and requires additional medical opinions to determine if the Veteran has a diagnosis of shin splints, its relationship with other conditions, and whether it is related to service.

The Board denied the appellant's claim for an apportionment of the Veteran's VA compensation benefits because there is no benefit being paid to the Veteran, making it impossible to apportion any portion.

The Board has granted a 10 percent disability rating for service-connected Graves' disease from the date of service connection, considering symptoms such as intermittent palpitations and jitters that require continuous medication.

The Board has determined that the Veteran's cause of death is related to his exposure to environmental toxins at Fort Riley and/or Fort Lewis, including herbicides, pesticides, or other toxic chemicals during his active-duty service. The AOJ must obtain further research and provide a VA clinician with the necessary information to determine if there is a link between the Veteran's lung cancer and his military service.

The Board has dismissed the appeals for Dependency and Indemnity Compensation under 38 U.S.C. 1318 and Dependents' Educational Assistance as these claims have been fully granted in a previous rating decision.

The Veteran's claim for incontinence s/p D&C (also claimed as recurring UTI's; Dysmenorrhea) was received on August 25, 2008. The effective date of service connection is set at that time due to the lack of prior claims and the fact that no other earlier dates are legally permissible.

The Veteran withdrew her service connection claim for a temporomandibular joint disorder, and the appeal is dismissed.

The Veteran withdrew his appeal regarding payment or reimbursement for non-VA medical services provided to him from December 24, 2019 to December 26, 2019. As a result, the appeal is dismissed.

The Board has restored service connection for a lung disability, effective May 11, 2017, finding that the original grant of service connection was not clearly and unmistakably erroneous.

The Veteran's right ring finger stiffness and pain were not found to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA. The Board denied compensation under 38 U.S.C. § 1151.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the case as a result.

The Veteran's death was due to service-connected malignant mesothelioma, and the appellant is entitled to an effective date of June 1, 2015 for DIC benefits.

The Veteran's appeal is being remanded to obtain additional VA treatment records and correct a duty to assist error. The claims for increased rating, effective date establishment, and TDIU eligibility are also being remanded.

The Board has determined that there was a pre-decisional duty to assist error and requires the Centralized Eligibility and Appeals Team (CEAT) to provide a legally adequate medical decision regarding the Veteran's eligibility for PCAFC benefits.

The Board denied an initial compensable rating for the Veteran's service-connected bilateral eye disability, finding that the evidence did not establish visual field defect or muscle impairment/diplopia and that there were no incapacitating episodes during the past year. The Veteran's corrected visual acuity was found to be 20/40 in both eyes.

The Veteran's left shoulder disability, specifically the residuals of his clavicular fracture, is rated at 20 percent. The Board found that the Veteran's condition more closely approximated limitation of motion of the arm midway between the side and shoulder level, warranting a 20 percent rating.

The Board denied the veteran's request for an earlier effective date of July 9, 2016, for a 10 percent disability rating for service-connected residuals of bilateral mandible fractures with TMJ and pain. The effective date was set at May 18, 2018.

The Veteran's appeal for a compensable disability rating for costochondritis has been denied, and the issue of service connection for residual of immersion foot has been remanded due to inadequate examination.

The Board denied the Veteran's claim for service connection for an unspecified back injury, finding that it is part of his already service-connected pilonidal cyst of the lower back.