Other conditions decisions — 2015

The Veteran died in a private hospital and was not receiving VA compensation or pension at the time of his death. The claim for burial benefits is denied as he did not meet the criteria for non-service-connected burial benefits.

The Board declined to recognize the claimant as the Veteran's surviving spouse in a July 21, 2014 decision. The case is now being remanded for further action.

The Board has determined that the overpayment of $2,784.00 was due to VA's administrative error and is therefore invalid.

The Board has determined that the Veteran's sleep disorder, claimed as due to service-connected migraine headaches and depressive disorder, is not related to his military service or any service-connected conditions. The Veteran's SMC claim based on need for aid and attendance or being housebound was also denied.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's pre-existing Crohn's Disease was aggravated during his period of active service from November 1990 to January 1991.

The Board has determined that the Veteran does not have a current prostate disability and finds no nexus between his past prostatitis during service and any current prostate condition. The preponderance of evidence is against the claim.

The Veteran's appeal is being remanded for additional development of the medical records and possibly a medical opinion regarding whether the services were rendered due to a medical emergency or if a VA facility was feasibly available.

The Board has decided to remand the case for additional development and consideration, including obtaining an addendum opinion from a VA examiner.

The Veteran's appeal is being remanded to obtain additional medical records and for further VA examinations to determine the nature and etiology of his claimed gastrointestinal and pulmonary disorders.

The Board has remanded the case due to the appellant's failure to appear at a Travel Board hearing scheduled in October 2014. The RO is instructed to arrange for a new hearing if possible, considering the appellant's incarceration status.

The Veteran's service-connected residuals of shell fragment wounds of the legs and buttocks have been evaluated based on painful scars. The Board finds that a higher rating is not warranted as there are only three painful scars, none of which are considered unstable.

The Board has determined that further development is needed to determine if the appellant's mixed connective tissue disease is related to exposure to contaminated water at Ft. Crowder, Missouri.

The Board has reopened the Veteran's previously denied claim of service connection for a muscle condition of the legs and found that new and material evidence has been received. The case is now remanded to obtain additional medical records and provide an addendum opinion from the examiner who conducted the February 2012 VA examination.

The Board denied the reopening of a claim for service connection for a right eye disability, finding that new and material evidence had not been presented. The Veteran's previous denial was based on the fact that his pre-existing right eye disability did not become aggravated during active service.

The Veteran withdrew his appeal for service connection of diverticulosis/diverticulitis before the Board could make a decision.

The Board has determined that the Veteran's hydradenitis suppurativa does not warrant a rating in excess of 10 percent, as there is no evidence of more than 20% body or exposed areas affected by his condition.

The Veteran's punctured bowels and residuals were caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance on the part of VA during his treatment at the Fayetteville VAMC. The Board has determined that the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Board has dismissed the appeal as the claim for a one-time payment from the FVEC Fund was fully granted in January 2015.

The Board has remanded the case due to an inadequate VA examination, and the Veteran's claim for service connection for abdominal hernia will be further evaluated based on additional evidence.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for skin disability. The Veteran's skin disorders in service are now considered for reopening.