Other conditions decisions — 2018

The Veteran's appeal for TDIU was dismissed due to his death, as the claim has become moot.

The Board has ordered a remand for the VA to review and determine if the debt of $96,847 was validly created. The Veteran's current conservator should be given another opportunity to provide complete income and expense information which could reduce the amount of the declared debt. If any new financial documentation is received or if the April 2018 audit did not cover certain points, then a new audit must be prepared. The COWC should then address the question of timeliness again, taking into consideration the questions raised above regarding the conservator's March 2012 communication and the doctrine of equitable tolling.

The Board has granted payment or reimbursement for non-VA medical services incurred from March 12 to 27, 2014, as the Veteran's treatment was for a medical emergency requiring immediate attention and VA facilities were not feasibly available.

The Veteran's combined VA education benefits are limited to 48 months. The Board found that the Veteran has already used his maximum of 48 months, thus denying his claim for additional education benefits under Chapter 33 (Post-9/11 GI Bill).

The Board previously denied a disability rating in excess of 20 percent for limitation of flexion of the right thigh, associated with the Veteran's service-connected right hip and right groin myositis ossificans. The Court has vacated this decision and remanded it due to inadequate VA examinations.

The appeal has been dismissed due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of this case.

The Veteran's cause of death is remanded due to the need for a medical opinion on whether his idiopathic cardiomyopathy was related to herbicide agent exposure during service.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for further medical opinion regarding his cancer diagnoses. The issues are related to exposure at Camp Lejeune.

The Veteran's eye disorders are being remanded for further examination and opinion. His knee disabilities, including left and right hip disorders, are also being remanded for additional examinations to determine the nature of his current conditions and their relationship to service.

The Veteran's claim for an effective date prior to September 20, 2011 for dependency benefits for his spouse was denied because the notification of the marriage with Y.R. was received more than one year after the RO issued the qualifying disability rating and the service connection decision.

The Board has remanded the Veteran's claims for service connection for a bladder disorder and initial compensable ratings for residuals of fractures of his right and left feet. The claims will be further evaluated to determine if there is a current bladder disorder related to service, and if so, whether it is due to the fractures in his feet.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's right hip disorder. The claim will be reviewed again with a VA medical examination.

The Board has remanded the case due to the need for clarification on whether the Veteran's right tibia fracture was an unforeseeable result of the December 2010 surgical debridements.

The Veteran's adult daughter did not qualify as a child for accrued benefits, nor could she claim reimbursement for expenses related to the Veteran's last illness. The appeal is denied.

The Veteran's representative withdrew the appeals for lung disability, atrial fibrillation, and skin disability claims due to in-service exposure to ionizing radiation.

The Veteran's appeal for a waiver of overpayment debt has been dismissed due to his death.

The Veteran's gout disability is remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for an appropriate VA examination to determine if his current gout disability is related to his active military service.

The Board has dismissed the appeal due to a withdrawal request by the appellant's authorized representative.

The Veteran's appeal has been withdrawn by her representative, and thus the case is dismissed.

The Board has remanded the case due to insufficient evidence linking the sleep disturbance to ichthyosis, and a new medical opinion is needed.