Other conditions decisions — 2015

The Veteran was entitled to additional compensation for a dependent spouse based on his marital status. However, the claim was not pending at the time of his death due to an implicit denial in April 2008 which became final and no appeal was filed.

The Board has determined that the Veteran's bladder cancer, which caused his death in August 2011, is related to his service exposure to chemicals. As a result, the cause of the Veteran's death is considered service-connected.

The Board denied recovery of the overpayment that has already been paid, but allowed waiver for the portion of the debt that has not yet been repaid. The appeal is considered 'mixed' as it involves both granted and denied aspects.

The Board has determined that the appellant's application for payment of unauthorized medical services rendered in connection with treatment received at MMMC on October 27, 2009 was timely filed. The case is now REMANDED to verify whether the Veteran was enrolled in the VA health care system at the time the emergency treatment was furnished and had received medical services under Chapter 17 within two years before that emergency treatment.

The Veteran's claim for an initial compensable rating for service-connected nasal fracture was denied by the Board, as there is no evidence of deviation of the nasal septum with 50-percent obstruction of the nasal passage on both sides or complete obstruction of one side.

The Board has determined that the Veteran's current right hand disability did not begin during or was otherwise caused by his active duty service.

The Board denied the Veteran's claims for an effective date earlier than January 23, 2012 for a 10 percent disability rating for amputation of the right middle finger and service connection for a painful, residual right middle finger surgical scar.

The Board has determined that the October 2011 Statement of the Case was defective and remands the case for further development, including explaining why the grant of service connection was clear and unmistakable error.

The Veteran's income exceeds the maximum annual pension rate, thus his claim for nonservice-connected pension and special monthly pension based on need for aid and attendance is denied.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance was granted effective March 2, 2011. The disabilities causing this need (cauda equina syndrome and complex regional pain syndrome status post laminectomy) were already service-connected prior to this decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and a VA examination to assess the severity of his service-connected post-operative residuals of herniated nucleus pulpous at L5-S1. The issue of entitlement to TDIU remains inextricably intertwined with the increased rating claim.

The Veteran's non-VA treatment for glottic cancer on November 24-25, 2008 was deemed emergency care and thus eligible for reimbursement. However, the follow-up visit on December 17, 2008 did not meet the criteria for emergency care.

The Veteran's appeal is being remanded due to the need for a new hearing before a Veterans Law Judge of the Board.

The Board has remanded the case to seek verification of the appellant's service from the appropriate service department due to a lack of valid military service.

The Board has remanded the case for further development due to a need for an examination and additional medical records. The Veteran's claim of service connection for a bilateral eye condition is pending.

The Board found that the Veteran's right hip disorder is not service connected and denied his claim for service connection, finding it less likely than not caused by or aggravated by a service-connected disability.

The appellant is not entitled to additional adjusted death pension benefits beginning from January 1, 2014 as she has already been paid the maximum amount by law.

The Board found that the Veteran's actions on August 21, 1991 constituted willful misconduct and resulted in a head injury. Therefore, any disability associated with this incident is not service-connected.

The Veteran's claims for service connection have been remanded due to his failure to report for a VA examination. The case will be returned to the Board after further development.

The Veteran's right foot disability, specifically hallux rigidus, has been rated at a noncompensable level since the date of claim. The Board finds that a rating of 10 percent is warranted for moderate symptoms throughout the pendency of the appeal.