Other conditions Board decisions

The Veteran's service-connected left long finger (3rd digit) and ring finger (4th digit) disabilities have been granted a 10 percent evaluation effective August 2, 2019. The Veteran’s left ring finger disability remains noncompensable.

The Veteran's appeal for service connection for chronic left foot pain was erroneously docketed under the AMA system and is dismissed. The issue remains pending with the AOJ under the Legacy Appeals System.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was dismissed because the Veteran died during the pendency of the appeal.

The Board has decided to remand the Veteran's claim for a compensable rating for right eye macular retinopathy due to discrepancies in medical records and need for additional examination.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred during non-VA services is dismissed due to the death of the Veteran.

The Board has recognized the appellant as the Veteran's surviving spouse for VA death benefits purposes, finding that there was continuous cohabitation despite a legal separation.

The Board denied the appellant's claim for recognition as a helpless child of the Veteran due to his prior marital status, finding that he cannot be considered a helpless dependent child of the Veteran for VA purposes.

The Board denied the Veteran's waiver request for overpayment of VA educational benefits due to his other than honorable discharge, finding that recovery would not be against equity and good conscience.

The Board has remanded the case due to incomplete service treatment records and the need for a VA medical opinion regarding the Veteran's state of mind at the time of his discharge. The claim for travel reimbursement is also being remanded.

The Board has found that additional development is needed for the issues of entitlement to an evaluation in excess of 10 percent disabling for service-connected left (dominant) navicular fracture and entitlement to a total disability rating based on individual unemployability. The case will be returned to the Board after completion of this development.

The Board denied the veteran's claim for an earlier effective date prior to September 1, 2015 for the award of death pension benefits. The appellant first filed a notice of intent to file a claim for a survivor's pension on August 31, 2015, and was granted a survivor's death pension effective September 1, 2015.

The Board has remanded the cases for further development and consideration, including a determination on whether an earlier effective date for TDIU should be granted on an extraschedular basis. The issues of TDIU and DEA benefits prior to July 24, 2008 are intertwined.

The Board has denied the Veteran's claims for service connection for residuals of cold injuries to his left upper extremity, right upper extremity, and left lower extremity due to a lack of evidence showing these conditions began during service or are related to an in-service injury.

The Board has remanded the case for further development, including obtaining updated medical records and procuring a psychiatric opinion regarding the appellant's mental state at the time of misconduct. The appeal is not about service connection but rather to determine if the appellant was insane at the time of his discharge.

The Veteran's current psychiatric condition, Mood Disorder, NOS, is found to have manifested within two years of his last period of active duty service. The appeal for service connection under 38 U.S.C. § 1702 is granted.

The Board has remanded the case due to the need for a medical opinion regarding the etiology and pathophysiology of the Veteran's glioblastoma multiforme (GBM). The issues are inextricably intertwined, so the SMC claim is also being remanded.

The Veteran's service-connected myotonic dystrophy type II is being remanded for a VA examination to assess the severity of her condition. The TDIU claim remains on appeal and will be adjudicated after the increased rating issue is decided.

The Veteran's service did not qualify as wartime service, and therefore he does not meet the basic eligibility requirements for VA nonservice-connected pension benefits.

The Board has remanded the claims for service connection due to a lack of adequate examination and opinion regarding the Veteran's skin disorder and lung disorder, which are believed to be related to herbicide agent exposure during service. The claims will be reviewed again with new medical opinions.

The Board granted a general apportionment to the appellant, on behalf of her minor child, in the amount of the dependency allowance for the minor child from the Veteran's VA disability compensation benefits prior to April 24, 2015.