Other conditions decisions — 2015

The Board has determined that the appellant's death pension rate is not higher than the maximum allowable rate for a surviving spouse with one child, as her SBP annuity income is considered countable income and reduces her pension. The appellant's claim for a higher rate of pension is denied.

The Board has remanded the case due to insufficient information regarding expenses associated with the Veteran's last illness and burial. The appellant is asked to provide specific details about any expenses he bore, ownership interests in assets used for medical expenses, or payments made from his own accounts.

The Veteran's insomnia has been rated at 30 percent since March 20, 2009. The Board finds that the current symptoms do not warrant a higher rating as they are consistent with a 30 percent disability rating.

The Veteran's daughter has been awarded an additional $26.90 in accrued benefits to cover expenses incurred during his last illness and burial.

The Board has remanded the case due to an incomplete record regarding the appellant's dates of service. The claim will be reviewed after these details are confirmed.

The Veteran's claim for dependency benefits for his children JPS and ES is denied as they do not meet the legal definition of a dependent child under VA regulations.

The Veteran's claim for education benefits under Chapter 33 of Title 38, United States Code is denied as she did not render the required 90 days of active service after September 10, 2001.

The Veteran's claim for Post-9/11 GI Bill educational benefits was awarded, but there were errors in processing her payments. The case is being remanded to address the validity of the overpayment and any potential waiver of recovery.

The Board has remanded the case for further development, including a VA examination and issuance of a supplemental statement of the case.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at CVPH on April 11, 2013 was denied because the treatment did not meet the criteria for emergency treatment under VA regulations.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred at Fairview Northland Regional Medical Center in Princeton, Minnesota on February 26, 2012. The Board has decided to remand the case due to incomplete information and need for additional development.

The Board has remanded the case for further development to determine whether a TDIU rating is warranted based on service-connected psychiatric disability and right multiple spontaneous pneumothorax, as well as any period prior to November 21, 2002.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at West Marion Community Hospital in December 2012 is denied as he does not meet the eligibility criteria under VA regulations.

The Veteran's service-connected thrombophlebitis and varicose veins of the left lower extremity are rated at 60 percent, while those of the right lower extremity are rated at 40 percent. The combined rating is 80 percent. He also received a TDIU effective from May 2002.

The Veteran's appeal is remanded due to the need for a new VA examination and additional development of his employment records.

The Veteran's claim for an increased rating for his service-connected right knee disability was denied. The Board also found that a separate rating for a neurological disorder due to the right knee disability is not warranted.

The Veteran's request for a Travel Board hearing has been noted. The case is being remanded to schedule the Veteran for a Travel Board hearing before the RO.

The Veteran's post-operative duodenal ulcer and laparoscopic surgery for hiatal hernia were not incurred in or aggravated by active duty, and a gastric ulcer may not be presumed to have been so incurred.

The Veteran's appeal is being remanded for additional development, including VA examinations and the provision of updated treatment records.

The Board has determined that the appellant's discharge from service does not constitute a bar to VA compensation benefits due to his otherwise honest and meritorious service, including his decorated service in Operation Iraqi Freedom.