Other conditions decisions — 2015

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical records and arranging for VA examinations.

The Veteran's medical treatment for abdominal pain was not considered an emergency, and thus she is not eligible for reimbursement of unauthorized medical expenses incurred at a private hospital.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and Social Security Administration records. The issues of service connection are being remanded to allow for further examination and consideration.

The Board denied the Appellant's claim for VA death benefits as a surviving child of her deceased father, finding that she did not meet the legal requirements due to her age at application and lack of evidence showing she was permanently incapable of self-support prior to turning 18 years old.

The Veteran's right thumb avulsion fracture is currently rated as 10 percent disabling, reflecting the presence of painful motion and functional loss. The appeal for a dental condition has been withdrawn by the Veteran.

The Veteran's appeal is remanded for a videoconference hearing before the Board of Veterans' Appeals at the earliest available opportunity.

The Board has determined that new and material evidence was received to reopen the claim for service connection for pneumonia. The Veteran's lay statements regarding exposure to cold weather in Korea are consistent with his military service, and he currently suffers from a lung disorder. However, there is no medical evidence showing current pneumonia or any link between his military service and his current condition.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence. The cause of death is presumed to be related to exposure to Agent Orange during active duty in Korea, thus granting service connection.

The Veteran's claims for increased ratings for his left knee disabilities and right total knee replacement have been denied as the evidence does not support a rating in excess of 10 percent for anterior cruciate ligament instability or arthritis, and no higher rating is warranted for right total knee replacement.

The Board has granted an effective date of March 19, 2008 for the addition of the Veteran's spouse as his dependent and an effective date of July 24, 2009 for the addition of his daughter A.K. as his dependent.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Peace River Regional Medical Center on July 26, 2013 is denied as he did not meet the criteria for reimbursement under VA regulations.

The Veteran's unauthorized medical expenses for a nonservice-connected disability at the Ingham Regional Medical Center were approved by the Board.

The Veteran was granted a total rating based on individual unemployability due to service-connected disability effective October 16, 2004. The Board found that the evidence did not demonstrate entitlement to an earlier effective date for TDIU on an extraschedular basis.

The Board has remanded the case due to technical difficulties with the hearing transcript and the Veteran's legal guardian requests a new videoconference hearing. The case will be returned to the AOJ after the scheduled hearing.

The Board denied the appellant's claim for a non-service-connected disability pension due to his bad conduct discharge by order of a general court martial, which is considered a bar to VA benefits.

The Board found that the Veteran's discharge from service under other than honorable conditions due to a serious offense did not constitute moral turpitude or similar offense, and thus does not serve as a bar to VA compensation benefits.

The Board has determined that the Veteran did not submit a timely Notice of Disagreement with the RO's January 2013 decision denying additional Post-9/11 GI Bill education benefits, and thus the benefit sought on appeal is denied.

The Board dismissed the moving party's motions asserting CUE in previous Board decisions due to their death.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The case will be returned to the Board after the hearing.