Other conditions decisions — 2018

The case is being remanded for a determination on the eligibility of the Veteran's spouse to substitute in his place and for readjudication of the special monthly compensation claim.

The Board denied the Appellant's claim as a surviving spouse for VA death benefits due to lack of marriage and no indication that their relationship produced a child.

The Board has decided to remand the case due to new evidence that needs to be reviewed and considered by the AOJ.

Your request for a waiver of the overpayment of your educational benefits has already been approved. The Board is dismissing this case as there is no longer an issue to decide.

A higher initial rating of 40 percent for intervertebral disc syndrome (IVDS) of the lower spine has been granted from November 18, 2012 until June 30, 2014. A rating higher than 40 percent is being remanded since then.

The Veteran's child is not eligible for Chapter 35 Dependents' Education Assistance (DEA) benefits because the basic eligibility period ended before her 26th birthday, and she did not apply within one year of receiving the effective date of the permanent and total disability rating.

The Veteran's non-VA medical expenses incurred at Gulf Coast Medical Center on May 1, 2014 for earaches with upper respiratory infection were reimbursed as the nearest VA facility was not feasibly available and attempts to use this alternative service beforehand would not have been considered reasonable by a prudent layperson.

The Veteran's appeal is remanded due to the need for further development regarding urinary frequency and voiding dysfunction related to his kidney condition.

The Veteran's CLL is remanded for further development, including obtaining medical records and scheduling a VA examination to determine the etiology of his condition.

The Board has remanded the case due to insufficient development of evidence regarding exposure to asbestos and other potential hazards during service. The Veteran's claims for pulmonary disability service connection and eligibility for a special home adaptation grant are now pending.

The Board has determined that the denial of payment or reimbursement for unauthorized medical expenses incurred at Capital Regional Medical Center (CRMC) on June 30, 2015 was based on an invalid rationale. The case is being remanded to allow proper development and adjudication.

The Board has determined that there is not enough evidence to support a finding that the Veteran's current right elbow disability is related to his active military service. The claim for service connection is therefore denied.

The Board has determined that the Veteran's claim for payment or reimbursement of unauthorized medical expenses was timely filed and remanded to allow for proper development and adjudication.

The Board has determined that additional development is needed for the Veteran's claims of service connection and compensation under 38 U.S.C. § 1151, as there are outstanding private treatment records and VA treatment records that need to be obtained.

The Board denied the Appellant's claim of entitlement to survivor’s pension benefits as there was no new and material evidence presented since a final August 2007 decision that denied the claim due to inability to verify her deceased husband's service.

The Veteran's service-connected right little finger and right ring finger disabilities are being remanded for further evaluation as there may be additional progression of the injuries that could warrant a higher rating.

The Veteran's marriage to R.S. was not legally terminated under Texas law, making her current common-law marriage to V.G. void. Therefore, the Veteran cannot be recognized as dependent for VA purposes.

The Veteran's claim for service connection for a left eye corneal abrasion is denied as there is no current diagnosis of a left eye disability and the VA examination found his left eye to be healthy with no residual complications or corneal scarring from an in-service injury.

The Board has determined that the appellant is the Veteran's surviving spouse for purposes of VA death benefits, as she lived with him continuously until his death except for a period due to his misconduct.

The Board has remanded the claims for service connection for cold weather injuries to the Veteran's hands and feet due to insufficient discussion of relevant medical evidence in the August 2015 VA examination.