Other conditions decisions — 2018

The Board has decided to remand the case due to insufficient information regarding whether VA facilities were available and feasible for the Veteran's condition, as well as the nature of his medical expenses.

The Board has remanded the issue of educational assistance benefits under Chapter 30, Title 38 for further development due to incomplete records from DFAS.

The Board found that the Veteran's household income for 2007 was below the threshold for copay exempt status, and thus the change in eligibility from copay exempt to copay required was improper.

The Board has decided to remand the case due to missing records and a need for a VA medical opinion regarding emergency treatment and transfer options.

The Veteran was found permanently and totally disabled due to an in-service accident. The appellant seeks retroactive educational benefits, but the claim is denied as her September 2011 application for benefits was not filed within one year of entering the educational program.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at Jacksonville Memorial Hospital on May 25, 2013 was denied because the claim was not filed within 90 days after the treatment.

The Board denied the Veteran's claim for a waiver of overpayment of VA benefits under VRAP, finding that she was at fault in creating the debt and that recovery would not be against equity and good conscience.

The Veteran's bilateral ptosis has been rated at 30 percent since February 2011, and the Board finds that this rating is appropriate given his visual field defect. The right eye had a remaining visual field of 37 degrees while the left eye had a remaining visual field of 25 degrees, both evaluated as 20/70 vision in the right eye and 20/100 vision in the left eye. This results in a 30 percent rating for bilateral ptosis under Diagnostic Code 6066.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for residuals of a left inguinal hernia. Resolving all doubt in favor of the Veteran, it is found that his left inguinal hernia was aggravated by service and he now has residuals of the repair.

The Board denied the appellant's claim of recognition as a helpless child due to permanent incapacity for self-support prior to reaching 18 years old, finding that he was not permanently incapable of self-support before his 18th birthday.

The Board finds that the Veteran does not have a current diagnosis of a right index finger disability and therefore, service connection cannot be granted.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his bilateral foot condition and consideration of his TDIU claim in conjunction with the increased rating claim.

The Veteran's widow was awarded a survivor's pension, but her income exceeded the maximum annual pension rate (MAPR) for a surviving spouse in need of aid and attendance without dependents. The overpayment created by the termination of benefits was not waived, resulting in no accrued benefits being available to her.

The Veteran's costochondritis has been rated at a noncompensable level for the entire period of appeal. However, after review of her symptoms and examination findings, an initial 10 percent rating is granted.

The Board has remanded the case due to an incomplete search for private treatment records from Dr. E.M. and Dr. S.J. at Swedish American Hospital, which may contain relevant evidence for reopening the claim of service connection for mitral insufficiency.

The Board has decided to remand the case for further development, including obtaining VA treatment records and arranging an appropriate VA examination of the Veteran's feet.

The Board has reopened the Veteran's claim for service connection for dental conditions, but finds that new evidence does not establish a current disability or link to service. The Veteran's current condition is related to his PTSD medications causing dry mouth.

The Appellant's countable income exceeds the maximum annual pension rate for survivor's pension benefits with aid and attendance allowance, so she is not eligible for these benefits.

The Board denied the Veteran's claim for full VRAP benefits, finding that he was not a full-time student at all times during his program and thus did not meet the eligibility criteria.

The Veteran's appeal for SMC in the form of aid and attendance or housebound benefits has been dismissed due to his death, preventing the Board from proceeding with the merits of the claim.