Other conditions decisions — 2018

The Board has remanded the case due to incomplete records and the need for information regarding Medicare payment, and will provide a supplemental statement of the case if the claim remains denied.

The claim for accrued benefits was not received within one year of the Veteran's death, and therefore must be denied as a matter of law.

The Board denied a request for an earlier effective date of September 19, 2013 for the grant of service connection for anemia. The Veteran argued that her condition should have been granted earlier based on new evidence and symptoms from service.

The Veteran's appeal is being remanded for additional development, including a VA examination to evaluate his dental disability and another VA examination to assess the nature and etiology of any current disability associated with his claimed status post inguinal hernia.

The Veteran's claim for non-service connected pension requires additional development to verify his period of service and military operational specialties, including details about operations in the Republic of Vietnam during the Vietnam War. The case is REMANDED for these purposes.

The Veteran's appeal has been dismissed due to his death.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses was timely received and approved by the VA Medical Center. The decision is granted.

The Board denied the claim for Dependency and Indemnity Compensation (DIC) for K.F., the Veteran's adopted son, in June 2008. The appellant reopened the claim on April 18, 2011, with new evidence showing that K.F. was legally adopted by the Veteran. However, the Board denied the reopening of the claim and the award of DIC benefits effective from April 18, 2011.

The Veteran's son is not entitled to payment of Chapter 35 (DEA) benefits prior to March 1, 2013, as his application was received by VA on March 1, 2014.

The Appellant is not eligible for VA Dependents' Educational Assistance benefits under the provisions of 38 U.S.C. Chapter 35 due to being over the age of 31 and neither enrolled in a course of study nor on active duty at the time of his application.

The Veteran's VRAP benefits have already been awarded for the maximum allowable period of 12 months. The Board denies an extension beyond this period as it lacks authority to grant such benefits.

The Veteran's claim for payment of medical expenses from Providence Portland Medical Center, Providence Hospitalists East and American Medical Response, Portland, Oregon, from January 2, 2014, to January 13, 2014 is being remanded due to the lack of Explanations of Benefits from his insurance company (United Healthcare).

The Veteran's ADSW from September 2007 to September 2010 is considered creditable active duty service, qualifying her for the 100% rate under the Post-9/11 GI Bill.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities do not make him unable to secure or follow substantially gainful occupation.

The Board found that the overpayment of MGIB-SR benefits was properly created due to the appellant's failure to inform VA about his discharge from the Selective Reserves, and denied a waiver of recovery.

The Veteran's appeal is being remanded for additional development to determine the nature and extent of his sleep disorder, including whether it is related to service or a service-connected disability.

The Board found that the Veteran's left foot osteochondritis dissecans did not more nearly approximate a moderately severe foot injury, and thus denied a rating in excess of 10 percent.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA eye examination. The TDIU claim is also being remanded as it is dependent on the left eye increased rating claim.

The Veteran's bilateral trigeminal nerve disability and otalgia have been rated as they are currently manifested. The Board finds that the current ratings adequately reflect the severity of these conditions.

The Veteran's panic attacks with agoraphobia are currently rated at 50 percent prior to March 2, 2017, and the Board finds that this rating is warranted based on his symptoms of intermittent periods of inability to perform occupational tasks.