Other conditions decisions — 2018

The Veteran's private medical expenses for left hip bursitis treatment at Tallahassee Memorial Hospital on March 15 and 16, 2014 were not authorized by VA, as prior authorization was not provided. The services received did not meet the criteria for reimbursement under applicable statutes due to lack of service connection or emergency condition.

The Board denied the claim for payment or reimbursement of unauthorized medical treatment and services provided by Spokane Critical Care Associates on October 14, 2013 due to failure to submit additional information within the required timeframe.

The Board finds the evidence sufficient to show that the Appellant was in need of regular aid and attendance at the time she filed her claim for an earlier effective date for the aid and attendance award. The Veteran's VA mental health treatment records consistently indicated that the Appellant required constant care from him prior to his death.

The appellant's income exceeded the maximum allowable for death pension benefits, resulting in a denial of her claim.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and ensuring that Asplundh Tree Expert Company's correct mailing address is obtained to send a Request for Employment Information form. The Veteran will be given an opportunity to respond to the SSOC.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance/housebound status was rendered moot by a March 2018 rating decision that granted SMC based on aid and attendance criteria.

The Board is remanding the cause-of-death claim due to additional development of unit histories and other information pertaining to the units to which the Veteran was assigned.

The Veteran's bilateral knee disabilities have not met the criteria for a compensable rating prior to February 9, 2016 and in excess of 10 percent thereafter as of that date.

The Board found that the Veteran's current eye disorder is not related to his military service and denied his claims for service connection. The Veteran was also found eligible for Class IV VA outpatient dental treatment due to his high disability rating, but not for other classes.

The Veteran's service-connected CVA does not warrant a rating in excess of the current 10 percent. The Veteran's weakness, right upper extremity is rated at 30 percent since December 29, 2016.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's keratoconus does not warrant a rating in excess of 30 percent, as his visual acuity is no worse than 20/40 in one eye and 20/70 in the other.

The Veteran's income exceeds the maximum rate for nonservice-connected pension benefits, so he is not eligible for these benefits.

The Board has denied the Veteran's claim for service connection for avascular necrosis of the bilateral hips, finding that there is no link between his current condition and his active military service, including exposure to Agent Orange. The preponderance of evidence does not support a finding that the hip disorder was caused by service.

The Board has vacated the March 2018 decision due to an error in listing the Appellant's representative. The claim for recognition as the Veteran's surviving spouse is denied because there is no evidence of continuous cohabitation from the date of marriage until the time of death, and the Appellant did not hold herself out as his wife after their separation.

The Board has determined that the Appellant's income exceeds the maximum limit for nonservice-connected death pension benefits, and thus she is not entitled to receive such benefits from March 1, 2017.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's actinic keratosis and squamous cell carcinoma of the left cheek are related to his service, including exposure to sunlight during his time in Vietnam. As a result, service connection for these conditions is granted.

The Veteran's skin disability was not manifest in service and is not otherwise etiologically related to service. The Board finds the preponderance of evidence against the claim for service connection for the Veteran's skin disability.

The Veteran's current GERD is found to be related to her active military service, and she is granted service connection for this condition. For the left upper extremity disability and loss of bone density (osteoporosis and osteopenia), a VA examination was ordered but not yet completed.

The Veteran withdrew his appeal for Montgomery GI Bill Chapter 30 benefits, so the case is dismissed.