Other conditions decisions — 2014

The Veteran's appeal is being remanded due to missing records and the need for additional information from various Regional Offices. The claim will be reconsidered after obtaining any relevant documents.

The Board has determined that additional development is needed to accurately assess the Veteran's overpayment and determine its validity. The case will be remanded for a paid and due audit of the Veteran's account, including how the initial debt was calculated from the 61st day following incarceration as well as on a month-by-month basis.

The Board has remanded the case for additional development due to outstanding VA and private treatment records, including those from the Veteran's discharge from service. The claim will be reconsidered after all necessary actions are taken.

The Board has remanded the case for additional development due to a lack of records, including SSA disability benefits records. The appellant's claim for benefits under 38 U.S.C. § 1815 for a child born with certain birth defects will be reconsidered after all relevant evidence is obtained and considered.

The Veteran's request for waiver of recovery of an overpayment of $2,867.00 was granted as it would be against equity and good conscience to recover the amount due to the Veteran's failure to report his change in marital status.

The Veteran's claim for service connection for scleroderma is being remanded due to the need for additional development, including obtaining relevant service personnel and treatment records from his period of Annual Training in September 2006. The Veteran should also be provided with a VA examination to determine the nature and etiology of his current scleroderma.

The Board found that the July 9, 2009 decision awarding nonservice-connected death pension benefits to the appellant with one dependent child (Melvin) but not excluding her child's SSA income in determining the amount of this award was properly promulgated. The appellant failed to complete and return forms necessary for Lauren and Ashley to be considered as dependents, and for Melvin's SSA income to be excluded due to hardship.

The Veteran's left foot disability has been rated at 10 percent since March 2010. The Board finds that the evidence does not support a higher rating prior to June 15, 2010, but that an increase to 20 percent is warranted from that date.

The Veteran's appeal is remanded due to the need for a new VA examination to assess his current symptoms related to his service-connected pulmonary embolism, including those caused by anticoagulant medication. The case may also be considered for an extraschedular rating.

The Veteran's permanent and total disability rating was effective in May 2005, which means the appellant reached her 26th birthday before this date. Therefore, she is ineligible for dependents' educational assistance (DEA) benefits under Chapter 35, Title 38, United States Code.

The Veteran's timely request for a waiver of collection of an overpayment in the amount of $1,068.00 is granted due to the Board finding that recovery would be against equity and good conscience.

The Board found that the moving party did not have a valid marriage under Article 34 of the New Family Code of the Philippines, and therefore could not be recognized as the Veteran's surviving spouse for purposes of VA benefits.

The Board has remanded the case due to a failure to issue a Statement of the Case (SOC) and is now required to do so.

The Veteran's thoracic scoliosis was not found to warrant a higher evaluation prior to April 17, 2012 and from that date until the present, it does not meet the criteria for a rating in excess of 40 percent.

The Board denied the motion to reopen a claim of basic eligibility for VA death benefits, finding that new and material evidence had not been received.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for treatment at Capital Regional Medical Center on July 23, 2009 was denied because the symptoms were not considered emergent and prior authorization from VA was not obtained.

The Veteran's claim for an increased rating for his service-connected right hand weakness, probable dystonia is being remanded due to the need for additional development and examination.

The Veteran's service-connected diplopia has resulted in more than occasional diplopia, and a 30% rating is granted for this condition.

The Board has remanded the case for additional development, including obtaining VA treatment records and private medical records from Dr. H., as well as Social Security Administration (SSA) records. The Veteran's TDIU claim is also being addressed.