Other conditions decisions — 2018

The Veteran withdrew her appeal for a rating in excess of 10 percent for an allergy to latex.

The Veteran's lung disorder is being remanded for further examination and opinion to determine its etiology, including consideration of service in Southwest Asia.

The Board has ordered additional development due to the complexity of the Veteran's service history and payments, including potential administrative errors. The case will be remanded for a comprehensive audit and determination regarding the creation and validity of the overpayment.

The Board has denied the Veteran's claim for service connection for an eye disability, finding that his visual disturbances are a symptom of his service-connected migraines and not a separate disability. The cataracts were found to be unrelated to or not aggravated by his service-connected disabilities.

The Veteran's cause of death was due to end stage malignant neoplasm of bronchus and lung, which the Board found not related to service. The claim for service connection for the cause of death is denied.

The Veteran's glioblastoma multiforme is found to be related to his in-service exposure to Agent Orange, and the cause of death is attributed to this condition.

The Veteran's copayments for treatment at St. Vincent’s Medical Center from May 29 to May 31, 2014 are denied as VA is prohibited from paying the Veteran’s copayments due to his health insurance coverage.

The Board denied service connection for the cause of the Veteran's death because the appellant did not meet the criteria to be considered his surviving spouse under VA regulations.

The Veteran's overpayment of VA nonservice-connected pension benefits was denied because the Veteran was at fault in creating the debt, there is no fault on VA's part. The decision also found that repayment would not cause undue hardship and does not defeat the purpose of the program.

The Veteran's anemia has worsened since her last VA examination in August 2012, and she now experiences increased secondary symptoms. The Board finds that a new examination is needed to assess the current severity of her service-connected disability.

The Board found that the reduction in service-connected compensation to 10 percent effective from July 27, 2014 was proper due to the Veteran's conviction of a felony offense and subsequent incarceration.

The Board denied service connection for both pancreatic cancer and intestinal cancer, which were found to be related to risk factors other than exposure to Camp Lejeune contaminants.

The Veteran's daughter is seeking accrued benefits due to her father, who had his claim for nonservice-connected pension denied. The appeal was remanded as the appellant did not provide documentation of funeral expenses incurred.

The Board is remanding the case to determine if the overpayment of Chapter 33 educational assistance benefits was properly created and whether the Veteran should be granted a waiver for repayment.

The Veteran's claim for reimbursement of unauthorized medical expenses was denied because it was not filed within 90 days after the treatment dates, and no third-party payment attempt was made.

The Board denied the Veteran's claims for service connection for a bilateral heel condition and anemia, finding no current disability and insufficient evidence of in-service injury or disease.

The Veteran's request for VR&E benefits, including retroactive payment for education expenses incurred while pursuing a bachelor’s degree from 1996 to 1998, was denied as the criteria for retroactive induction into a vocational rehabilitation program were not met.

The case is being remanded because the hearing transcript from October 2005 is missing and needs to be obtained.

The Board has remanded the case for further development, including obtaining a new VA examination to assess the Veteran's back disability and its impact on his upper extremities. The examiner is requested to provide opinions regarding the severity of the Veteran's back disability, whether he has a separately ratable neurological or muscle group injury as a manifestation of his service-connected T4 burst fracture with neuropathic pain, and the extent of any functional impairment during flare-ups.

The Veteran's entitlement to extension of benefits under the Veterans Retraining Assistance Program (VRAP) beyond March 31, 2014 is denied as the authority to make payments under VRAP ended on that date.