Other conditions Board decisions

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board has remanded the case due to missing documents related to the Veteran's clothing allowance for 2014. The VA needs to obtain and associate with the claims file all responsive documents, including statements from the Veteran and his medical providers, treatment records, and a certification regarding the use of knee braces.

The Board granted a 40 percent evaluation for postoperative residuals of fracture of left scaphoid bone, finding that the disability more nearly approximated ankylosis in any other position than favorable.

The Board denied service connection for myelodysplasia syndrome and the cause of death, finding that there was no evidence linking these conditions to the Veteran's military service or exposure to herbicides.

The Board has granted a 10 percent rating for the service-connected left calf muscle disability (MG XI) and a 30 percent rating for the right thigh muscle disability (MG XIII), both effective July 3, 2012. The ratings are based on moderate to moderately severe impairment of the respective muscles.

The Board has remanded the Veteran's claim for total disability rating based on individual unemployability (TDIU) due to a service-connected disability. The matter is being returned to obtain all available federal records from the Social Security Administration.

The Veteran's death was not due to willful misconduct and he had a total disability rating for compensation purposes based on individual unemployability. However, the 10-year requirement for DIC benefits under 38 U.S.C. § 1318 is not met as his last total disability rating was from October 29, 2009.

The Board has remanded the case due to insufficient information regarding the veteran's National Guard service and its eligibility for Post-9/11 GI Bill benefits.

The Board denied the claim of a government-furnished headstone or marker because the decedent served with the Confederate Army, not the U.S. Armed Forces, and his remains are unavailable.

The Board found that the decedent did not have active military service and therefore is not eligible for burial in a VA national cemetery.

The Board denied service connection for chronic myelogenous leukemia, finding that the Veteran's condition was not incurred in or aggravated by his military service and rejecting any presumption of service connection based on ionizing radiation exposure. The evidence did not establish a link between the Veteran's current condition and his active duty.

The Veteran's claim for SMC benefits is being remanded due to the need for an addendum medical opinion addressing whether his service-connected disabilities alone render him in need of aid and attendance or housebound.

The Board denied service connection for right and left eye disabilities, as well as a rating greater than 10 percent for hypertension and a compensable rating for hemorrhoids. The Veteran's TDIU claim was also denied.,Service connection could not be established due to lack of evidence showing that the current eye disabilities were caused by or aggravated by service-connected Bell’s palsy.

The Board has remanded the case due to insufficient verification of the appellant's spouse's service in the Philippine Army during World War II and his status as a former prisoner of war. The appellant needs to provide evidence that her spouse applied for or received VA benefits, and she should apply to the Army Board for Correction of Military Records.

The Board has denied the Veteran's claims for service connection for gout and recurrent pneumonia, finding that there is no evidence of these conditions during or within one year following service. The Board also found that they are not related to a service-connected condition.

The Board denied the appellant's claim for reinstatement of VA survivor's pension benefits due to her excessive income, specifically from Medicare Part B insurance premiums and in-home caregiver fees. The Board found that she did not provide sufficient documentation for these expenses.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's chronic prostatitis is related to his service. The case will be returned for additional development, including a supplemental medical opinion.

The Board has denied the Veteran's claim for service connection for pancreatitis, status post cholecystectomy, finding that there is no evidence to support a direct link between his current condition and his military service.

The Board has remanded the case due to non-compliance with previous directives and a need for further medical opinion regarding the Veteran's exposure to radiation and its relation to his colorectal cancer.

The Veteran's post-left nephrectomy complications, including left abdominal diastasis, incisional hernia, and nerve damage, are not proximately due to or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, his claim for compensation under 38 U.S.C. § 1151 is denied.