Other conditions decisions — 2019

The Board has decided that the appellant should be notified about the criteria for establishing a common law marriage in Oklahoma and the types of evidence she can submit to support her assertion. The issues of entitlement to nonservice-connected death pension benefits and accrued benefits are also remanded pending final disposition of the claim of entitlement to recognition as the Veteran’s surviving spouse.

The Board has decided that the apportionment of VA benefits to L.K. (the Veteran's estranged spouse) is not proper and has ordered a remand for further action.

The Veteran's claims for an initial rating and a temporary total disability rating based on convalescence following his right hand surgery are remanded due to the need for further examination and development of the record.

The Board has remanded the case for a new medical opinion regarding whether the Veteran's colon cancer is related to Agent Orange exposure during service.

The Veteran's TMJ joint dysfunction, left mandible, is currently rated at 30 percent and effective from the date of claim (December 17, 2013). The Board has determined that a higher rating is not warranted for any period prior to March 18, 2019.

The Board has decided that the overpayment of VRAP benefits in the amount of $2,581.87 was improperly created due to administrative error and is remanding this issue for further action. The waiver of recovery of this overpayment will also be remanded as it is inextricably intertwined with the creation of the debt.

The Veteran's service-connected facial muscle damage and loss of teeth have been denied. However, the reduction from a 30 percent rating to a 10 percent rating for scars, shell fragment wound neck, chin and lip has been restored.

The Veteran's initial compensable rating for left fifth toe fracture residuals is being remanded due to the need for updated VA and private treatment records, as well as an examination of her current condition.

The Board has granted service connection for the Veteran's postoperative residuals of a mycobacterial avium-intracellulare (MAI) infection of the right lung, finding that it is at least as likely as not caused by exposure to contaminated water at Camp Lejeune during his military service.

The Board has determined that the overpayment of VA compensation benefits in the amount of $647.00 was properly created due to a delay in notifying the RO of J.L.'s death, and thus denied the appeal.

The Board has remanded the Veteran's claims for numbness in the hands, dry flaking skin on the hands, and residuals of burns on the hands due to lack of examination addressing his treatment with pain medication and creams, as well as his reported use of salve during service.

The Board has determined that the Veteran's current heart disability, including congestive heart failure, cardiomyopathy, and atrial fibrillation, is related to his in-service diagnosis of rheumatic fever. As such, service connection for these conditions is granted.

The Board has remanded the claims for service connection for Congestive Heart Failure and a Respiratory Disability due to incomplete records and need for additional medical opinions. The Veteran's respiratory disabilities are believed to be related to exposure to dust storms during service.

The Veteran's claim for service connection for a respiratory condition, including as secondary to obstructive sleep apnea and due to an undiagnosed illness is granted. The Board finds that the evidence of record is in relative equipoise regarding whether the Veteran's current respiratory condition is causally related to his in-service exposure to burning oil fields while serving in Southwest Asia, and that he is therefore entitled to service connection for a respiratory condition on a direct basis.

The Veteran's adult daughter is granted $1,400 in additional accrued benefits to cover funeral expenses.

The Veteran's rating for residuals of chronic non-suppurative otitis media was restored to 30 percent, effective April 1, 2012. The appeal is denied as the Veteran does not meet criteria for a higher disability rating.

The Veteran's treatment at Doctors Memorial Hospital on February 11, 2016 was for a condition of such severity that delay in seeking immediate medical attention would have been hazardous to his health. The nearest VA facility with an emergency department was not feasibly available and using it beforehand would not have been reasonable by a prudent layperson. Therefore, the Veteran is entitled to reimbursement for unauthorized medical expenses incurred.

The Veteran requested to withdraw his appeal for additional dependency compensation for J.S.H. based on legal guardianship, and the Board dismissed the appeal as a result.

The Board denied the claim for status as a surviving spouse for VA death benefits due to the appellant not being legally married to the Veteran at the time of his death.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, which barred him from receiving VA benefits.