Other conditions decisions — 2015

The Board has remanded the case for scheduling a videoconference hearing due to the appellant's failure to report for the scheduled hearing.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Lifetime Health Medical Group on September 6, 2009 is being remanded due to the need for further development and compliance with VCAA requirements.

The Veteran's claims for increased ratings were denied. His service-connected left elbow disability is rated as 20 percent disabling, his limitation of extension of the left forearm is rated as noncompensable (zero percent), and his impairment of supination and pronation of the left forearm is rated as 20 percent disabling.

The Veteran's appeal was dismissed as he withdrew his appeal in January 2013.

The appeal is remanded due to inaccuracies in the appellant's income report, and she needs to provide updated information about her income and expenses.

The Board has determined that the Veteran's colorectal cancer is at least as likely as not caused by his exposure to herbicides during service, and thus grants service connection for this condition.

The appeal is remanded due to the need for additional information from the Veteran's education file and scheduling of a Board hearing if requested.

The appellant's deceased spouse did not have qualifying service for non-service-connected death pension benefits due to service in the Philippine Commonwealth Army. The claims for accrued benefits and burial benefits were denied as they were not filed within two years of the interment.

The Veteran's appeal is being remanded due to the need for a new VA examination of her left knee disability.

The Veteran's service-connected residuals of a right ring finger injury with nail evulsion have been rated as noncompensable since the effective date of October 4, 2010. The evidence does not show any actual amputation or ankylosis of the right ring finger.

The Veteran's death certificate listed his marital status as 'divorced.' The appellant, who was legally divorced from the Veteran in September 2008, attempted to argue that she should be considered his surviving spouse due to her continued care of him after their divorce. However, the Board found that her divorce prevented her from being recognized as a surviving spouse for purposes of DIC benefits.

The Board found that the Veteran's bilateral hip degenerative joint disease is not related to his service and denied his claim for service connection. The Veteran's PTSD rating remains pending as it was addressed in a separate issue.

The Veteran's lung condition is related to service, specifically his exposure to asbestos aboard naval vessels. However, the VA has not provided a medical opinion linking this condition to his military service.

The appeal is being remanded due to the lack of a death certificate. The issue of whether the Appellant can be recognized as the Veteran's surviving spouse for VA benefits purposes must also be adjudicated.

The Veteran's service-connected malaria is inactive and without residuals, including brain damage or a nervous system disability. The Board finds that he does not have any residuals attributable to his malaria.

The Board has decided to remand the case for further development, including verifying the Veteran's service in Vietnam and providing notice regarding the lack of information sufficient to corroborate his service.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for VA purposes, based on her legal marriage and continuous cohabitation with the Veteran prior to his death.

The Board found that the overpayment was properly created due to the Veteran's receipt of VA disability compensation benefits while on active duty in the National Guard. The Board denied waiver of recovery as it determined that recovery would not be against equity and good conscience.

The Board denied eligibility for the Veterans Retraining Assistance Program (VRAP) because the appellant's last period of service was under dishonorable conditions, which is a regulatory bar to establishing entitlement to VA benefits.

The Veteran's claim for payment of or reimbursement for unauthorized medical expenses incurred on March 25, 2012 was denied as the treatment did not meet the criteria for emergency services.