Other conditions decisions — 2018

The Veteran's surviving spouse, K.C., died in March 2013. The appellant seeks accrued benefits and a 'month of death' payment for the period her mother was alive. However, there were no claims or appeals pending at the time of K.C.'s death, so there are no accrued benefits to be paid. Additionally, as the Veteran's surviving spouse, the appellant is not eligible for a 'month of death' payment.

The Board has remanded the case due to incomplete records and potential earlier claims not addressed by the RO.

The Veteran was owed $943 in VA pension benefits at the time of his death, and the appellant is entitled to this amount as accrued benefits.

The Veteran's unauthorized private medical expenses incurred at Cape Canaveral Hospital on March 19, 2014 are granted as the treatment was for a condition that would have been considered an emergency by a prudent layperson.

The Veteran's manual wheelchair causes wear and tear to his above-the-waist clothing, including shirtsleeves and gloves. The Board granted an additional clothing allowance for the 2014 calendar year due to this condition.

The Board has determined that the grant of an apportionment of $80.00 per month of the Veteran's benefits for his minor child E.B., effective May 6, 2010 was appropriate as it did not cause undue hardship to him.

The Board has determined that recovery of the overpayment of Chapter 33 monthly housing allowance benefits in the amount of $1,222.40 would be against equity and good conscience due to the Veteran's credible statements about contacting VA regarding her leave of absence.

The Veteran's appeal is denied as the medical expenses incurred on October 21, 2013 were not for a medical emergency and thus do not meet the criteria for reimbursement under VA regulations.

The VA denied the appellant's application to use transferred benefits because Army records did not show the appellant's or B.R.'s name in the Chapter 30 transferability database. The service department is not shown to have approved a request from B.R. for a transfer of educational benefits to the appellant.

The Board found that the Veteran's countable income for non-service-connected disability pension benefits, from January 1, 2012 to December 31, 2014, was correctly calculated and did not result in an overpayment of his pension benefits.

The Veteran's unauthorized medical expenses incurred at Sacred Heart Riverbend Medical Center and Physicians from May 4, 2013 to May 7, 2013 are granted as the treatment was for a nonservice-connected disability and he could not have been safely transferred to a VA facility prior to discharge.

The Board has remanded the case due to insufficient evidence regarding service connection for cause of death, specifically related to exposure to Agent Orange. The Veteran's death certificate states that the causes were gastric cancer and pulmonary arrest.

The Veteran's claim for service connection for a dental condition, leg cramps, and varicose veins has been denied as there is no evidence of in-service trauma or disease that would warrant compensation.

The Veteran's attorney fees in excess of the $411.76 withheld for past-due benefits awarded by a November 2016 rating decision are denied.

The Veteran's appeal was dismissed due to his death, and the issue of reducing his bilateral hearing loss rating is moot.

The Board has determined that the Veteran's opioid dependence is not caused or aggravated by any of his service-connected disabilities, including pancreatitis with GERD.

The Board has remanded the case for further development, including obtaining missing service treatment records and scheduling a VA dental examination. The claim will be adjudicated again based on the new evidence.

The Board has remanded the case due to a lack of VA treatment records and requests for private medical records have not been made. The Veteran's cause of death is being reviewed to determine if it is service-connected.

The Board has determined that the Veteran does not have a left eye disorder that manifested in service or is otherwise related to his military service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities has already been established, and the Veteran wishes to withdraw this claim.