Other conditions decisions — 2019

The Board has decided that the request for waiver of overpayment was not timely filed and is remanding the case to obtain missing documents.

The Board has vacated its May 30, 2019 decision denying service connection for the cause of the Veteran's death due to a lack of adjudication on whether the appellant is recognized as the surviving spouse. The issues are remanded to determine the current status of the surviving spouse issue and to decide the service connection claim.

The Board has determined that the VA treatment records from June 6, 2010, to June 6, 2012, and the initial claim from Miller County Hospital need to be obtained. Additionally, the Veteran needs to provide any necessary authorizations for Miller County Hospital to obtain information regarding their efforts to claim payment or reimbursement for the treatment provided.

The Veteran's claim for a compensable rating for his service-connected right femoral neck fracture is remanded due to the need for further examination and assessment of his current disability status.

The Veteran's appeal is remanded due to the need for clarification on whether he had chronic congestive heart failure at any time during the applicable periods and if his use of medication prevented worse symptoms.

The Board denied DIC benefits under 38 U.S.C. § 1151 for the cause of the Veteran's death as a result of medical treatment provided by VA, finding that the criteria for entitlement to such benefits were not met due to lack of evidence showing carelessness or negligence on VA's part.

The Board has granted service connection for polycythemia vera due to contaminated water exposure at Camp Lejeune, finding that the evidence is in equipoise as to whether this condition is related to military service.

The overpayment of VA compensation benefits in the amount of $13,877.16 was properly created and denied.

The Board denied service connection for a prostate condition and diverticulitis, finding that the preponderance of evidence did not support these claims.

The Board has decided to remand the case due to the need for substantial compliance with previous remand directives, specifically obtaining a VA opinion regarding the nature and severity of the Veteran's illness requiring care from CentraCare.

The Veteran's heart disability is being remanded for further development to determine if the care provided by VA was reasonably foreseeable and caused his condition.

The Veteran's claim for service connection for chronic arthritis in the left wrist is remanded due to insufficient evidence. The claim for reopening of service connection for chronic arthritis is granted.

The Board found that the reduction in VA disability compensation benefits due to concurrent receipt of military service drill pay for FYs 2012, 2013, and 2015 was proper.

The Board denied the Veteran's claim for service connection for viral encephalitis, finding that there was no evidence of a nexus between his current condition and his military service.

The Veteran's claim for service connection for residuals of meningitis, to include cognitive impairment, has been granted. The appeal is granted only in this regard. Service connection for colon cancer was denied due to lack of a causal link between the condition and exposure to contaminants at Camp Lejeune. The issue of increased rating for lumbar degenerative disc disease and osteoarthritis is remanded.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral eye disability, specifically his retinal detachment and uveitis during service.

The Veteran's claim for a compensable rating for his service-connected residuals of fracture of left 5th metatarsal was denied because he failed to report for the scheduled VA examination.

The Board has decided to remand the case due to insufficient federal treatment records and a need for an examination regarding whether the Veteran's Chronic Myeloid Leukemia (CML) was caused or aggravated by service, including exposure to herbicide agents.

The Board denied the Veteran's petition to reopen his claim for service connection for a urinary disability due to lack of new and material evidence.

The Board denied the Veteran's claim for eligibility to receive Post-9/11 GI Bill educational assistance benefits due to a lack of qualifying active duty service after September 10, 2001.