Other conditions decisions — 2018

The Board has determined that a new medical opinion is needed to determine if the Veteran's service-connected collagenous colitis caused his pancreatic cancer and whether the cancer first developed during service.

The Veteran's claim for an evaluation in excess of 50 percent for unspecified trauma and stressor related disorder is denied. The Board has remanded the issues regarding service connection for a heart condition, to include coronary artery disease and hypertension.

The Veteran seeks reimbursement for medical care provided on June 3, 2014 at Florida Hospital Fish Memorial Regional. The AOJ denied the claim due to the Veteran having third-party insurance coverage that is primary to VA coverage. The case is being remanded to obtain an Explanation of Benefits from his insurance company.

The Veteran's service is not considered wartime service, and therefore he does not meet the requirements for nonservice-connected pension benefits.

The Veteran's death was not service-connected, and the appellant did not have a pending claim for VA benefits at the time of his death. The appeal is denied as there are no legal grounds to award burial benefits.

The Veteran's dysthymic disorder is remanded for further examination and opinion to determine its relationship to service.

The Board denied the Veteran's claims for service connection for left leg mononeuritis, as well as her increased rating and increase in disability ratings for bilateral pes planus. The Board found that there was no evidence to support a link between the Veteran's current condition and her service or any service-connected conditions.

The Board denied service connection for gouty arthritis as it did not find a causal relationship between the condition and military service, or hypertension.

The Board has remanded both issues related to the debt created by the removal and subsequent reinstatement of the Veteran's spouse, including whether the debt was validly created and entitlement to a waiver of recovery of overpayment.

The Board found the overpayment of VA compensation benefits in the amount of $11,162.70 was properly created due to the Veteran's failure to notify VA of his incarceration for a felony offense.

The Veteran's cause of death, pulmonary fibrosis and thymic carcinoma, is denied as service connection cannot be established due to lack of evidence linking the conditions to his military service or exposure to herbicides.

The Veteran has withdrawn his appeal regarding the assignment of the May 1, 2013 effective date for removing his spouse from his award. The Board dismissed this issue as a result.

The Board has denied service connection for left and right lower extremity muscle disabilities due to the lack of a diagnosed distinct muscle disability.,The Veteran's reported symptoms have been attributed to his already service-connected bilateral lower extremity peripheral neuropathy.

The Veteran's appeal has been dismissed as she requested a withdrawal of her appeal.

The Veteran's claim is denied as the rate of pay effective May 1, 2014, following removal of his spouse from his VA disability compensation award due to her death was correct.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or at the housebound rate is being remanded due to incomplete medical records, a need for re-mailing an Employment Questionnaire, and the requirement of a new VA examination.

The Veteran's claim for additional VA educational assistance benefits beyond the remaining 12 months and 2 days of full-time benefits under Chapter 33 is denied due to legal limitations.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to incomplete records and the need to refer the issue to the Director of Compensation Service for extraschedular consideration.

The Veteran's fractured nose disability has not been manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, and therefore his claim for a compensable rating is denied.

The claim for reimbursement of a purchased headstone or marker for the Veteran's grave is denied as there are no legal grounds to grant such reimbursement.