Other conditions decisions — 2016

The Veteran's appeal has been dismissed as he withdrew his appeal in July 2016.

The Board has determined that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim for service connection for the cause of death, and thus, the claim is denied.

The Veteran died of liver cancer, which the VA medical specialist opined was caused by hepatitis C viral infection and alcohol abuse. The Board found that there is no evidence linking the cause of death to service or a service-connected disability.

The Veteran's overpayment of $9,803.50 in VA pension benefits is denied as the recovery would not be against equity and good conscience.

The Veteran's unauthorized medical expenses for treatment at South Seminole Hospital on February 19, 2012 are approved as the VA facilities were not feasibly available and an attempt to use them beforehand would have been considered unreasonable by a prudent layperson.

The Board denied the Veteran's claim for an increased evaluation of his left elbow synovitis and also denied his claim for enhanced DIC under 38 U.S.C.A. § 1311(a)(2). The effective date assigned is May 11, 2010.

The Board has determined that service connection for shortening of the Veteran's right lower extremity is granted, as it was aggravated by active duty service.

The Board has decided to remand the case for additional development, including obtaining a VA psychiatric examination and providing an addendum medical opinion.

The Board denied the appellant's claim for accrued benefits, finding that she did not qualify as a child for purposes of eligibility and that no burial or last illness expenses were provided by her. The appeal is therefore denied.

The Board has determined that there was clear and unmistakable evidence of CUE in the December 1964 rating decision denying service connection for Addison's disease. As a result, the effective date is set to September 30, 1964.

The Veteran is granted service connection for endometriosis and an extraschedular rating for her right hallux valgus and degenerative arthritis of the right first metatarsophalangeal joint, status post bunionectomy, decompression of the deep peroneal nerve, and neurectomy. The case is remanded to the VA Compensation Service for consideration under 38 C.F.R. § 3.321(b)(1).

The Board dismissed the appeal because there was no valid power of attorney for the appellant to represent J.E.L. in the hearing.

The Veteran's appeal is being remanded to provide additional development and address her claims for an increased rating for Epstein-Barr Virus (EBV) and a total disability rating due to individual employability resulting from service-connected disability.

The Board denied the appellant's claim for a Government-furnished memorial headstone or marker for her deceased husband, who served in the Army National Guard and United States Army Reserve. The appeal was dismissed as there was no qualifying active military service to establish 'veteran' status.

The Board has remanded the Veteran's claim for a right leg disorder due to incomplete development and need for further examination. The case will be returned to the AOJ for adjudication.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because of incomplete information and need for additional development, including obtaining a full employment history from October 19, 2005, and requesting a vocational assessment.

The Board has determined that the Veteran's congenital spondylolyses and spondylolisthesis are subject to service connection as they became symptomatic during active duty due to a superimposed injury.

The Veteran's service-connected lower back strain resulted in a lumbar laminectomy, requiring at least one month of convalescence. The Board granted a temporary total evaluation based on this need for convalescence.

The Veteran's claim for service connection for right eye blindness, including as due to service-connected residuals of a wound to the head and tragus of the right ear, is being remanded by the Board. The case will be referred back to the AOJ for further action.

The Board has remanded the case for additional development due to outstanding VA and private treatment records, and the Appellant's claim for service connection for cause of the Veteran's death remains pending.