Other conditions decisions — 2018

The Board found that the appellant was not entitled to death pension benefits from May 1, 2011, to June 1, 2012, due to her inheritance income exceeding the maximum allowable pension rate.

The Board has determined that a remand is necessary to obtain an opinion regarding the Veteran's left eye disability, specifically whether it was caused by VA surgical treatment in September 2010 and if so, whether it was due to carelessness or negligence on the part of VA.

The Board denied the claim for an earlier effective date for DIC benefits, as the earliest possible date of receipt of a new claim is January 16, 2014.

The Board has remanded the case due to unresolved issues regarding the appellant's standing as a custodial parent of the Veteran's children and their eligibility for VA death benefits. The appeal is not yet ripe for final decision.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's acquired psychiatric disorder, specifically adjustment disorder. The Veteran is asked to provide any additional records and a VA examination will be conducted to determine if his condition had its onset during service or is related to it.

The Board denied the Veteran's claim for service connection for a heart disability, finding that there is no evidence of a current heart disability related to his active duty or service-connected PTSD.

The Veteran's surviving spouse filed a claim for death benefits on March 23, 2010, and the Board granted an effective date of that day for the grant of service connection for the cause of the Veteran's death.

The Veteran's service-connected vocal cord dysfunction is being remanded for a new examination to address all her reported symptoms and provide a more complete diagnosis.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for VA benefits due to a lack of legal evidence showing that the Veteran had legally divorced his second wife, T.C., prior to marrying the appellant.

The Veteran's unauthorized medical expenses incurred during a private hospitalization at Baptist Medical Center-South from June 9th -10th of 2014 are now covered by VA, with the exception of any copayment or deductible owed by the Veteran and already partially covered by his private health insurance.

The Board denied the Veteran's claim of service connection for bilateral lower extremity disability, finding that it is not caused or aggravated by his service-connected right tibia and fibula fracture.

The Veteran's appeal is being remanded for additional development due to the addition of relevant evidence since the January 2015 SOC. The issues include service connection for obstructive sleep apnea, increased rating for lumbar spine degenerative arthritis with scoliosis and intervertebral disc syndrome (IVDS), and entitlement to a total disability rating based on individual unemployability due to the service-connected disabilities.

The Veteran's compensation benefits were adjusted to recoup drill pay received in fiscal year 2009. The decision is being remanded due to the lack of records showing whether the Veteran received any drill pay during that period.

The Board has granted service connection for the cause of the Veteran's death due to his preexisting congenital heart disease, pulmonic stenosis, which was aggravated by service. The Veteran died from multiple traumatic injuries including a fall into a construction pit caused by a cardiac episode related to his heart condition.

The Board denied the Veteran's claim for service connection for a partial hysterectomy, finding that there was no evidence to support her contention that it was caused or aggravated by her military service or a service-connected disability.

The claim of service connection for residuals of a broken left arm with limitations on motion is granted as the disability was caused by the Veteran's own misconduct, specifically operating a vehicle under the influence of alcohol.

The Board denied the Veteran's claim for service connection of a neurological disability, finding no evidence of current disability and noting that none of the competent evidence suggests it is related to service.

The Board has denied service connection for a respiratory condition resulting from pleural effusion and atelectasis, finding that the Veteran's current symptoms are due to his already service-connected cholecystectomy with right hepatic duct injury. The issue of service connection for cholangitis is remanded as there are outstanding records needed.

The Board found that the Veteran's overpayment of VRAP benefits was validly created and denied his request for waiver due to a material misrepresentation of fact and bad faith.

The Veteran's appeal for a temporary total disability rating due to right hallux valgus and arthrodesis of the second digit was dismissed as the appellant died during the pendency of the appeal.