Other conditions decisions — 2014

The Board finds that the appellant does not qualify as the surviving spouse of the Veteran for purposes of establishing entitlement to DIC due to her remarriage prior to age 57 and lack of a timely claim.

The Board determined that the appellant is not an eligible surviving spouse for VA death benefits and therefore, her claim for service connection for the cause of the Veteran's death is moot.

The Board has dismissed the appeal for entitlement to an initial rating in excess of 10 percent for tinnitus due to withdrawal by the Veteran. The Veteran's NOD with respect to the PTSD rating decision was not timely filed, and thus the issue remains pending.

The Board found that the treatment provided by EMH Regional Medical Center on April 4, 2010 was not for a condition of such severity that delay in seeking immediate medical attention would have been hazardous to life or health. Therefore, the claim for payment or reimbursement of unauthorized medical expenses is denied.

The Veteran's service-connected disabilities, including residuals of a fracture of the right humerus and acromion of the scapula, residuals of cold injuries of both lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. As such, he is entitled to a TDIU rating.

The Veteran had no pending claims for VA benefits at the time of her death, and therefore there is no basis for accrued benefits. The appellant's claim for additional pension payments due to medical expenses incurred by the Veteran prior to her death was not supported by evidence in the file at date of death.

The Veteran's overpayment of $684.30 in VA education benefits was waived due to the Veteran's diligence in completing his externship nine days early, which resulted in a nominal debt.

The Veteran withdrew his appeal regarding the initial rating for residuals of a T-8 burst fracture prior to March 12, 2012; and a 20 percent rating thereafter.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to residuals of a prostate biopsy is being remanded for additional development, including obtaining an opinion from a qualified physician regarding the cause and effect of his current fecal incontinence.

The Board found that the Veteran's current eye disability is not related to his period of active duty or his service-connected vitiligo, and thus denied his claim for service connection.

The Veteran's service-connected thoracic spine disability is rated at 40 percent since May 24, 2010. The Board denied the claim for a higher rating.

The Board has remanded the case due to recent worsening of the Veteran's service-connected labyrinthitis and the need for clarification on whether there are objective findings supporting a diagnosis of vestibular disequilibrium. The Veteran needs to provide releases for any additional treatment records, which will be obtained by VA.

The Veteran's claims for TDIU and DEA benefits are denied as they must share the same effective date of June 20, 2009.

The Board has remanded the Veteran's claims for additional development, including obtaining updated VA treatment records and scheduling a new VA examination. The issues of entitlement to an evaluation in excess of 20 percent disabling for residuals of a left tibia and fibula fracture and entitlement to TDIU are now before the RO.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the Veteran's claim for reimbursement of unauthorized medical expenses incurred at Flagler Hospital between May 27, 2010 and May 28, 2010 due to his having an existing health care plan contract that covered part of the expenses. The motion alleging clear and unmistakable error in this decision was denied.

The Veteran's claim of entitlement to an increased rating for peritoneal adhesions associated with a psychophysiological gastrointestinal reaction is being remanded due to the need to obtain Social Security Administration (SSA) records and consider whether an extraschedular evaluation is warranted.

The Veteran's right leg symptoms, including numbness and pain, were not caused by VA treatment in December 2000. The Board found that the additional disability was due to the natural progression of his back condition.

The Board has ordered a supplemental opinion from the gastroenterologist who provided an August 2012 opinion, and if unavailable, another physician with similar expertise should be asked to review the claims file. The case will then be readjudicated.

The Board's August 1968 decision, which denied an increased evaluation for residuals of a fracture of the left tibia and fibula, is void ab initio due to failure to apply proper reduction criteria. The prior rating of 20 percent is restored as of December 1, 1968.