Other conditions decisions — 2018

The Veteran requested to withdraw his appeal for TDIU, and the Board has dismissed the appeal as a result.

The Board denied the Veteran's claim that VA improperly withheld his disability compensation benefits to recoup special separation benefits he received at service separation.

The Board has remanded the case for additional development, including obtaining a translation of the appellant's marriage certificate and any divorce certificates. The claims will be reconsidered based on this new information.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of her nonsustained frequent premature ventricular contractions.

The Board denied the Veteran's claim for an earlier effective date for dependency benefits due to a lack of timely notification from him, despite his marriage and birth of children prior to January 30, 2014.

The Veteran's election of benefits under the Post-9/12 GI Bill program (Chapter 33) in lieu of benefits under the Montgomery GI Bill (MGIB) program (Chapter 30) was irrevocable and cannot be rescinded.

The Veteran died in May 2014 and was buried later that month. The appellant applied for nonservice-connected burial benefits, but the claim is denied as there were no pending claims at the time of the Veteran's death.

The Board found that the reduction in the amount of nonservice-connected pension benefits from February 1, 2012 was proper based on the Veteran's reduced medical expenses. The appeal is denied.

The Veteran died in August 2013 and was not receiving VA compensation or pension benefits at the time of his death. The claim for nonservice-connected burial benefits is denied as he did not meet the criteria under either the old or new regulations.

The Board has determined that the Veteran's current Inclusion body myositis (IBM) disability is related to his active duty service and grants service connection for this condition.

The Board found that the Veteran's cooperation with VR&E program was unsatisfactory and all reasonable counseling efforts were made but found not reasonably likely to be effective. The Board denied the appeal as the September 2014 discontinuation of the Veteran's VR&E benefits was proper.

The Appellant's income exceeds the maximum annual rate established by law for payment of nonservice-connected pension benefits, therefore she is not entitled to receive such benefits.

The Veteran's overpayment of pension benefits is waived due to the circumstances outlined in the decision, which include the Veteran's mistaken belief about notifying the VA health system and his financial hardship.

The Veteran's unauthorized medical expenses incurred for alcohol withdrawal treatment at a private hospital were found to meet the criteria for payment or reimbursement under VA regulations, subject to her third-party insurance coverage.

The Board finds that the Veteran's condition was emergent and VA facilities were not feasibly available, thus allowing for payment or reimbursement of unauthorized medical expenses incurred at MCE on November 2, 2013.

The Board has remanded the case due to the need for a VA examination and opinion regarding the Veteran's claimed fungal conditions of the hands and feet, chronic gastritis, and other issues related to service connection.

The Board has remanded the case due to the lack of service treatment records and the need for a VA examination to determine if the Veteran's stroke residuals are related to his military service.

The appeal has been withdrawn by the appellant's authorized representative prior to a decision being made.

The Board found that the reduction of the Veteran's left femur disability rating from 20 percent to 10 percent effective June 1, 2009 was not proper due to lack of evidence showing actual improvement. The Veteran's condition had shown actual improvement prior to this decision.

The Board has ordered a remand to obtain an addendum opinion from the VA examiner regarding whether the Veteran's left hip bursitis is etiologically related to or aggravated by his service-connected lumbosacral strain and bilateral radiculopathy. The TDIU claim may also be affected.