Other conditions decisions — 2018

The Veteran's claim for reimbursement or payment of non-VA medical expenses at SMC from April 4, 2015, through May 2, 2015, is remanded due to uncertainty about whether the Veteran could have been safely transferred to a VA facility or reported to one.

The Veteran's claim for an effective date prior to November 13, 2014, for the award of additional compensation for his spouse is denied as no communication notifying VA of the marriage was received before that date.

The Veteran's claims for an increased rating and TDIU are being remanded due to the need for additional evidence and examination.

The Veteran's appeal for whether Social Security income was counted correctly when determining eligibility to VA nonservice-connected pension benefits has been dismissed as the Veteran withdrew his appeal.

The Board denied a dependency allowance for the Veteran's spouse prior to June 30, 2016 because proof of marriage and divorce was not received within one year of notification.

The Veteran's service-connected skin condition required the use of prescribed creams and ointments that caused irreparable damage to his outer garments, which is sufficient for an annual clothing allowance in 2017.

Service connection for esophageal cancer is granted as due to exposure to toxic herbicides during service.,The Veteran's cause of death, respiratory failure due to metastatic esophageal cancer, is also granted as due to his military service.

The Board granted payment or reimbursement of unauthorized medical expenses incurred at Providence Holy Family Hospital from September 26 to September 28, 2015, due to the lack of evidence showing that the Veteran was stabilized for transfer to a VA facility.

The Veteran's initial claim for a higher rating for his service-connected other specified trauma-and stressor-related disorder with alcohol and stimulant use disorder has been granted, with an effective date of November 29, 2012. The Veteran is currently rated at 70 percent for this condition.

The Veteran seeks compensation under 38 U.S.C. § 1151 for paralysis below the waist due to treatment before and after a cardiac catherization in December 2014. The VA examiner's opinion is inadequate, as it did not address whether the carelessness or negligence of the medical personnel was the proximate cause of the disability.

The Board dismissed the appeal as the Veteran's representative requested to withdraw the appeal, and no errors of fact or law were alleged.

The Board has granted an effective date of September 10, 2015 for the award of special monthly pension based on the need for aid and attendance. The Veteran's completed application was received within one year of his request for an application form.

The Veteran's spouse is recognized as the surviving spouse for purposes of eligibility to Dependency and Indemnity Compensation (DIC) from September 30, 1991 to November 11, 2006.

The Veteran's adult daughter is not eligible for accrued benefits because she did not pay the burial expenses of her father, and thus does not meet the eligibility criteria.

The Board denied the Veteran's request to waive recovery of an overpayment of VA compensation benefits in the amount of $20,000.00 due to lack of undue hardship and resulting unjust enrichment.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's dental disorder is related to his military service or service-connected simple motor tics, and whether it is due to undiagnosed illness associated with environmental hazards during the Gulf War.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at SJMC on May 31, 2015 due to the Veteran's failure to inform the initial treatment facility that he was a Veteran and needed to be transferred to a VA Medical Center.

The Veteran's appeal is remanded to determine the current severity of his service-connected bilateral cataracts and any functional impairments due to them.

The Board has remanded the claims for service connection for Acute Myelocytic Leukemia and Myelofibrosis due to insufficient medical opinion regarding presumed exposure to Agent Orange.

The Veteran's appeal for educational assistance under Chapter 33 was denied because his period of service used to establish eligibility for Chapter 30 benefits could not be used for Chapter 33, and he did not properly execute an irrevocable election to receive Chapter 33 benefits in lieu of Chapter 30.