Other conditions decisions — 2016

The Veteran's claim for service connection of his left foot injury is being remanded due to incomplete medical records and the need for a VA examination.

The Board denied the appellant's claim for a government-furnished headstone or marker for her father's grave, finding that he died prior to November 1, 1990 and thus not eligible for this benefit.

The Board has denied the Veteran's claims for initial compensable evaluations for his right index trigger finger and left long trigger finger, finding that they do not meet the criteria for a compensable evaluation under VA rating criteria.

The Veteran served more than 90 days during the Vietnam War and died in December 2004. The appellant is his surviving spouse with one dependent child, E.T.H. Her income from Myles Home Health ($361) and SSA benefits for her daughter (which totals $816 annually) exceeds the maximum annual pension rate of $10,759. Therefore, she is not eligible for VA death pension benefits due to excessive income.

The Veteran's service-connected left leg muscle wound is currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5312. The Board finds that his symptoms do not warrant a higher evaluation as they are consistent with a moderate disability.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at private providers (an ambulance service, a hospital and a radiology group) from December 4, 2013 to December 7, 2013 was denied because he had coverage under Medicare Parts A & B.

The Board has determined that the case is not ready for appellate disposition due to unclear calculations of medical expenses used to reduce countable income. The Veteran's application for special monthly pension benefits on the basis that his income exceeded the maximum annual disability pension limit set by law for a Veteran with one dependent at the aid and attendance rate is being remanded for further action.

The Board denied the appellant's claim for revocation of forfeiture of benefits, finding that she knowingly made false statements to the VA and forfeited her entitlement to all VA benefits.

The Board finds that waiver of the overpayment is warranted as there is no indication in the record of fraud, misrepresentation, or bad faith on the part of the Veteran. The evidence weighs in favor of a finding that recovery of the overpayment would be against equity and good conscience.

The Board has remanded the appeal due to the need for a video hearing before a member of the Board. The Veteran's accrued benefits claim is still pending.

The Veteran's claim for a special home adaptation grant is denied as his entitlement to specially adapted housing bars him from receiving this benefit.

The Board has determined that the May 1971 rating decision denying service connection for a skin disability should be revised on grounds of clear and unmistakable error (CUE). The Veteran's current 30% disability rating will remain unchanged.

The Veteran's service-connected residuals, pain in left thumb and index finger, are manifested by X-ray evidence of arthritis with complaints of recurring pain, stiffness, and swelling. The Board finds a compensable rating of 10 percent under Diagnostic Code 5003 is warranted.

The Veteran's claim for service connection of a respiratory disability is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran does not have anemia or Epstein Barr during her appeal period and therefore denied service connection for these conditions.

The Veteran's appeal is remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board found that the Appellant's husband did not have qualifying military service for VA death benefits, and thus denied his claim.

The Board denied reopening the claim for service connection for coccidioidomycosis and found that residuals of T11-T12 compression fracture were not incurred in or aggravated during service. The Veteran is seeking an earlier effective date for his grant of service connection for mood disorder, PTSD, and polysubstance dependence.

The Veteran's compensation benefits are denied for apportionment on behalf of his child MTM due to the absence of hardship and the fact that the child is receiving VA educational assistance.

The Veteran's right foot hyperkeratosis warrants a 20 percent rating beginning June 4, 2014. The left foot hyperkeratosis warrants a 30 percent rating beginning June 4, 2014.