Other conditions decisions — 2018

The Board has decided to remand the case due to missing medical records and requests for a supplemental statement of the case (SSOC). The Veteran's stomach disability claim is still under review.

The Veteran's claim for a refund of his MGIB contributions is denied because he has not exhausted his entitlement to educational assistance benefits under Chapter 33.

The appellant was denied recognition as the Veteran's surviving spouse for purposes of entitlement to survivor benefits because she did not meet the criteria set by VA regulations.

The Veteran's narcolepsy with cataplexy and shortening of the left lower extremity are granted. The initial rating for residuals of shortening of the left lower extremity is set at 10 percent.

The Board has determined that the Veteran's claim for an apportionment of his VA disability compensation benefits on behalf of J.R.Y. should be remanded due to procedural issues and the need for additional evidence regarding J.R.Y.'s marital status, SSA records, and financial information.

The Veteran's left upper extremity weakness is rated at 60 percent, and his left lower extremity weakness is rated at 40 percent since November 25, 2008. The Veteran's request for a higher initial disability rating for both conditions has been denied.

The Board has remanded the claims for service connection for cause of death and compensation under 38 U.S.C. § 1151 due to alleged negligence from VA care, as further development is needed.

The Veteran's left femoral nerve palsy is being remanded for additional development to determine if the VA medical treatment caused his disability, including obtaining a signed informed consent form from August 2009 prostatectomy.

The Veteran's claim for service connection for diverticulitis and gastrointestinal disorders other than her service-connected sliding hernia is reopened, but the reduction in her migraine headaches rating remains void ab initio. The Board also ordered a remand to determine if these conditions are related to military service or secondary to her service-connected sliding hernia.

The Board has determined that a VA examination is necessary to determine if the appellant has spina bifida, except spina bifida occulta. The examiner must also opine whether the appellant's diagnosed Arnold Chiari II malformation is a form or manifestation of spina bifida.

The Board has remanded the case due to insufficient evidence regarding whether the appellant's character of discharge from service is a bar to VA benefits. The need for an opinion on insanity at the time of discharge has been identified.

The Veteran's service-connected disabilities were rated at 90% from January 23, 2002. The Board denied an earlier effective date for the award of special monthly compensation based on loss of use of the right lower extremity and DEA benefits.

The Board has determined that the Veteran's non-VA medical care at ABMC on December 4, 2015, and from December 9 to December 10, 2015, was authorized in advance due to the lack of feasibly available VA facilities. As a result, reimbursement or payment for these medical expenses is granted.

The Veteran's claim for service connection for carcinoma of the larynx was denied due to lack of evidence linking his current condition to his military service. The Board also found that there is no radiation exposure linked to his cancer, thus denying service connection on both presumptive and direct basis.

The Board has remanded the cases of an increased rating for a facial lesion and TDIU due to inaction on part of the AOJ. The AOJ is instructed to obtain all outstanding VA treatment records, send appropriate notice regarding TDIU, and adjudicate both issues after ensuring compliance with the requested actions.