Other conditions decisions — 2018

The VA disability compensation payments were withheld to recoup military separation pay, and the appeal is denied.

The Veteran's death was caused by ALS, which is presumed to be service-connected as of September 23, 2008. The effective date for the grant of service connection for the cause of the Veteran’s death is October 23, 2012.

The Veteran's claim is being remanded due to the need for submission of financial records and response to his claim. The case will be readjudicated after receiving this information.

The Board denied the appellant's claim for recognition as a surviving spouse of the Veteran for DIC benefits due to her marriage being invalid under Arizona law, and because she was not unaware of any legal impediments.

The Board has determined that the Veteran's neurogenic bladder disability is related to his active service, and thus grants service connection for this condition.

The Veteran's appeal for a compensable rating for residuals of a fracture to the left zygoma (cheekbone) is being remanded due to the need for additional VA treatment records and an SSOC.

The Veteran's unauthorized medical treatment for pancreatitis and diverticulitis at Doctors Hospital of Sarasota was denied as the nearest VA facility was feasibly available, but an attempt to use it beforehand would have been considered reasonable by a prudent layperson.

The Board has ordered additional development to address the Veteran's overpayment debt and waiver of recovery claim, including a detailed accounting of his compensation benefits and review by the Committee on Waivers and Compromises.

The Veteran's claim for payment or reimbursement of medical expenses incurred from April 1 to 5, 2015, at Flagler Hospital was granted as he submitted the claim within 90 days of his treatment and VA had received all appropriate bills.

The Board denied the Veteran's request for an effective date prior to November 14, 2015 for adding his spouse M. as a dependent to his VA disability compensation award.

The Board has remanded the case for further development and examination to determine the current severity of the Veteran's service-connected knee disabilities, including whether a separate rating under Diagnostic Code 5257 (for instability) is warranted. The AOJ should also consider an extraschedular increased rating if appropriate.

The Board denied service connection for a pulmonary disability, finding that the lung nodules are not related to active service and rejecting any presumption of exposure to Agent Orange.

The Board is remanding the case to provide a supplemental statement of the case explaining the April 2015 audit and addressing whether excessive funds were recouped, including a December 2008 education debt and November 2010 education benefit payment.

The Veteran's Raynaud's disease is remanded for a VA examination to determine its etiology, including whether it is related to his active duty service.

The Veteran's representative has requested a higher rating for his service-connected malaria, and the VA has agreed to schedule him for a new examination to assess the current severity of his condition.

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 air ambulance services were covered by Medicare Part A, which reimbursed the non-VA medical facility. As a result, VA did not approve and pay the facility claim for the emergency room treatment. The Board found that payment or reimbursement for the air ambulance services was warranted under 38 U.S.C. § 1725.

The Veteran's chest wall contusion is rated at 10 percent since August 31, 2011. The appeal for a higher rating remains pending.

The Board has remanded the case due to unclear information about the Veteran's service and the calculation of his Chapter 33 education benefits. The claims file needs to be updated with a legible copy of his most recent DD Form 214, as well as any copies of the VIS print out referenced in previous correspondence.

The Veteran's intervertebral disc syndrome with herniated discs from L2-S1 is granted as service connected due to injury incurred in active service.