Other conditions decisions — 2018

The Board has remanded the case due to conflicting evidence regarding the Veteran's employment history. The RO needs to verify the dates of employment with the Indian Health Service Hospital in Chinlele, Arizona.

The Board has decided to remand the case due to issues with communication and scheduling a hearing for the Appellant. The service connection claim for cause of death is still pending.

The Veteran's cause of death, intercerebral hemorrhage and brain tumor, is being remanded due to the need for verification of herbicide exposure in Korea or Okinawa during his service.

The Veteran's child, N.M., received Chapter 35 educational benefits retroactively from August 2, 2010. This resulted in an overpayment of VA compensation benefits due to the concurrent receipt of both a dependency allowance and Chapter 35 benefits.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's marital status and potential marriages, including his citizenship at the time of his divorce from S.P.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to radiation and its potential impact on his cataract of the right eye.

The Veteran's left leg condition, digestive condition to include mild gastritis with an esophageal ulcer, and inguinal hernia are not service-connected.,PTSD is rated at 50 percent but the Veteran contends it should be higher. The case must be remanded for a new VA examination.,The Veteran's head condition and prostate condition are not service-connected. A VA examination is needed to determine if there is a current diagnosis of a head condition, whether it is distinguishable from PTSD, and if there is a medical nexus between the current condition and an in-service incurrence.,A VA examination is needed to determine if there is a current prostate condition and if there is a medical nexus between the current condition and an in-service visit to a urology clinic.

The Board has determined that the appellant and the Veteran entered into a valid common law marriage before the Veteran's death, which meets the criteria for recognition as the surviving spouse for VA benefits purposes.

The Veteran's left ulnar nerve disability was granted a 20% rating from February 28, 2014 to April 4, 2016. The right ulnar nerve disability did not meet the criteria for an increased rating during this period.

The Board found that the appellant's discharge from service was under dishonorable conditions, which disqualifies him from participating in the Veterans Retraining Assistance Program (VRAP).

The Veteran's service-connected interstitial cystitis is granted a 20 percent evaluation, effective June 4, 2013. The disability remains constant and does not meet the criteria for higher ratings.

The Veteran withdrew his appeal for TDIU, so the case is dismissed.

The Board has granted service connection for left and right patellar tendonitis, finding that the Veteran's symptoms began during his military service.

The Veteran's claim for service connection of a mood disorder was received on March 29, 2012. The Board finds no legal basis to grant an earlier effective date.

The Veteran's claim for additional VA educational assistance benefits was denied as he had already used up his available benefits under the Post-9/11 GI Bill.

The Board has determined that payment or reimbursement for unauthorized medical expenses incurred due to non-VA treatment at Aultman Hospital (AH) on March 19, 2013 is granted. The decision also notes that the Veteran's condition was such that a prudent layperson would have reasonably expected delay in seeking immediate medical attention would have been hazardous to his health and an attempt to use the nearest VA medical facility at that time would not have been considered reasonable by a prudent layperson.

The Veteran's service is not considered to be during a period of war, thus denying their claim for nonservice-connected pension benefits.

The Board has determined that the Veteran's right rotator cuff tear with arthritis originated during his active service and granted service connection for this condition.

The Board denied service connection for metastatic squamous cell cancer of the neck, throat, tongue, and shoulder muscles due to lack of evidence linking it to service or any recognized presumptive conditions.

The Board is unclear about whether appropriate action has been taken regarding the overpayment of death pension benefits and if a debt has been created. The appellant appears to be taking issue with the overpayment, so further clarification is needed before deciding on the countable income issue.