Other conditions decisions — 2018

The Board of Veterans' Appeals has ordered the case to be remanded due to incomplete records and requests for additional information from SSA, Hawaii Department of Public Safety/Oahu Community Correction Center, and the Board of Correction of Naval Records. The appellant's claim will be reconsidered based on these new findings.

The Board has reopened the claim for service connection of a back condition due to new evidence received since the previous denial. The claim is now granted as the Veteran's current diagnoses and in-service history support this.

The Board denied the Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill (MGIB)) because she did not meet the eligibility requirements for this program.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current left hand skin condition is related to his in-service diagnosis of dermatitis.

The Board denied the Veteran's claim to reopen his service connection for bilateral amblyopia with optic atrophy, finding that new and material evidence did not raise a reasonable possibility of substantiating the claim.

The Veteran's claim for an additional clothing allowance for the 2014 calendar year for a manual depot wheelchair is being remanded due to incomplete review and certification regarding whether the manual wheelchair causes wear and tear on his clothing. The AOJ must gather any previous evidence related to this issue, including certifications from the Undersecretary’s designee.

The Veteran's widow was granted death pension benefits with an allowance for aid and attendance. She died in February 2010, prior to the payment of withheld death pension benefits due to incompetency. The appellant is the beneficiary's daughter but not a child under VA regulations, so she can only be reimbursed for funeral expenses.

The Veteran's spouse was awarded aid and attendance benefits, but the appellant-daughter's claim for accrued benefits is denied as her mother died before she could receive any benefits.

The Board has remanded the case due to a lack of information regarding whether the continued inpatient treatment at CRMC from May 22, 2012 to May 25, 2012 was considered 'emergency treatment' or reimbursable 'continued non-emergency treatment,' and if transfer to a VA facility was feasible.

The Board denied the Veteran's claim for service connection for Acute Myelogenous Leukemia (AML), finding no nexus between his current AML and active service, including herbicide exposure. The April 2018 VA medical opinion was considered the most probative evidence.

The Veteran's claim of service connection for a jaw condition has been reopened due to the submission of new and material evidence. The issue of upper jaw bone removal with pain and discomfort in the upper jaw and sinus nose area is remanded for further development, including obtaining relevant dental records and treatment records from private providers.

The Veteran's claims for service connection for residuals of a right hand open wound injury and increased rating for tension headaches were denied. The Veteran was granted a compensable rating (0%) for his left foot acquired flatfoot disorder.

The Board has remanded the claim for service connection of left hip necrosis, as secondary to service-connected lumbar spine and right hip disabilities. The case is returned for further development.

The Veteran's surviving spouse, A. A., did not receive any accrued benefits at her time of death because there were no monies owed to her.

The Veteran's unauthorized medical expenses for a tick bite and related treatment at Tuality Forest Grove Hospital on May 8, 2014 are granted as the condition was not service-connected but met the criteria for emergency treatment.

The Board has reopened the claim for service connection of BPH due to new and material evidence provided by Dr. J.L.B., but the claim is remanded for further development.

The Veteran's apportionment of his VA benefits to his former spouse A. was appropriate as it did not cause undue financial hardship.

The Veteran's spouse, the appellant, is not recognized as his surviving spouse for VA death benefits purposes due to her divorce from the Veteran being caused by his misconduct and without fault of hers. As a result, she cannot be considered the Veteran's surviving spouse.

The Board has remanded the case for further development and clarification regarding whether the Veteran's cataracts pre-existed service, if they did, whether they were aggravated by service, and if not, whether they are related to service.

The Board denied service connection for the cause of the Veteran's death due to esophageal cancer, finding that it was not caused or contributed substantially or materially by a service-connected disability. The Board also found no evidence linking the esophageal cancer to in-service herbicide exposure.