Other conditions decisions — 2018

The Board has found that there is a threshold eligibility issue regarding the appellant's status as the Veteran's surviving spouse. The appeal of the cause of death claim is also remanded due to an intertwined issue with the eligibility for benefits as surviving spouse.

The Veteran's overpayment of VA compensation benefits due to incarceration for a felony conviction was properly created and the appeal is denied.

The Veteran's son was granted the status of a helpless child on November 29, 2004 for permanent incapacity for self-support. The effective date is set at this time.

The Veteran withdrew his appeal regarding the service connection for residuals of stroke, secondary to myelodysplastic syndrome.

The Veteran's claim for reimbursement of medical expenses incurred at Fawcett Memorial Hospital on December 14, 2015 is denied because the treatment did not meet the criteria for a medical emergency and VA facilities were feasibly available.

The Board found the overpayment debt was properly created due to a change in dependency status resulting from the death of the Veteran's spouse. However, recovery of the overpayment debt would defeat the purpose for which the benefits were intended (supporting a spouse) and thus denial of waiver of recovery is granted.

The Veteran's cause of death, acute myeloid leukemia, is determined to be related to his service in Vietnam where he was exposed to Agent Orange. The Board grants service connection for the cause of the Veteran’s death.

The Veteran's unauthorized medical expenses for emergency treatment at Florida Hospital North Pinellas on September 17, 2015 are granted as the condition was of such severity that delay in seeking immediate medical attention would have been hazardous to his health and a VA facility was not feasibly available.

The Veteran's claim for an earlier effective date for the grant of service connection for bilateral posterior compartment syndrome and exertional compartment syndrome was denied as his initial claim had been denied in 1978, which became final. The Veteran did not appeal or submit new evidence within one year of that decision. He filed a new claim on January 7, 2008, after the claims were abandoned due to lack of response from him. Service connection was granted for these conditions effective January 7, 2008.

The Veteran's appeal for an earlier effective date for service connection of left hand and thumb laceration was denied. The appeal to increase the right forearm rating was also denied as untimely.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's right femur and left hip disabilities, which were previously denied.

The Board granted a waiver of recovery for an overpayment of $470.82 in Dependents' Education Assistance (DEA) benefits due to the appellant's fault and the resulting financial hardship.

The Board denied service connection for a lung disorder, finding that the Veteran's symptoms are not related to his in-service exposure and are more likely due to aging, deconditioning, and dehydration.

The Veteran's service-connected schizoaffective disorder requires the need for regular aid and attendance due to severe psychiatric symptoms.

The Board has remanded the case due to a lack of recent VA examination and inextricably intertwined with the TDIU issue. A new VA examination is needed for the heart valve replacement disability, and consideration should be given to whether TDIU referral is warranted.

The Board has decided to remand the case due to the need for additional medical inquiry regarding the Veteran's foot disability.

The claim for service connection for the cause of death due to pancreatic cancer and other significant conditions contributing to death (ascites, anasarca, colon cancer) is remanded as additional development is required regarding the etiology of the Veteran's cause of death.

The Board has remanded the case due to issues regarding the creation of an overpayment and its validity. The Veteran disputes both aspects, and further review is needed before a decision can be made.

The Board has reopened the Veteran's claim for service connection for simple myopia with presbyopia and mild nuclear sclerotic cataracts with cortical spokes. The claim is granted as new and material evidence was submitted, but service connection is denied due to lack of a link between the current eye conditions and service.

The Board has remanded the claims of service connection for hernia condition, left knee osteoarthritis, IVDS associated with pes planus, right knee patellofemoral syndrome, and bilateral pes planus due to inadequate VA medical opinions regarding the relationship between the Veteran's hernias and his service-connected intervertebral disc syndrome.