Other conditions decisions — 2019

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Penn Highlands DuBois Hospital on October 3, 2017 was denied because the claim was not filed within the required 90-day period and additional information was requested but not provided in time.

The Veteran's claims for service connection for jaw disorder, broken nose, and organic brain syndrome have been denied as there is no competent evidence linking current symptoms to service.

The Veteran's cause of death was not related to her service-connected Crohn's disease. The Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318 as she was not rated as totally disabled continuously for at least ten years immediately preceding her death, nor was she a former POW.

The Veteran's right knee disability was granted a 10 percent rating effective June 5, 2015. The appeal is denied for ratings in excess of 10 percent prior to July 26, 2017 and as of September 1, 2017.

The Veteran's notice of disagreement (NOD) for the evaluation assigned for service-connected TMJ was timely received, and the Board has determined that this issue is within its jurisdiction. The RO must issue an SOC on the issue of entitlement to an initial rating in excess of 10 percent for service-connected TMJ.

The Veteran's claim for service connection for schizoaffective disorder has been reopened, but the appeal is remanded due to insufficient evidence regarding the onset of his condition.

The Veteran's appeal is remanded due to the change in VA regulations regarding reimbursement for non-VA emergency services. The AOJ must determine what, if any, expenses were paid by Medical Mutual or other health-plan contracts and then readjudicate the appeal based on these findings.

The Board has remanded the Veteran's claims for service connection for chronic sinus disorder and residuals of pneumonia due to incomplete records and inadequate examination.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her annual income exceeding the maximum limit.

The Veteran seeks additional dependency benefits for his child's school attendance from 2011 to 2012. The Board finds that the claim is not provided for under applicable law and therefore denies it.

The appeal is remanded due to the Veteran's representative not being provided a copy of the August 2019 statement of the case and given an opportunity to respond. The AOJ should address the December 17, 2018, VA record indicating that transfer to a VA facility for further care was recommended, the Veteran was agreeable to such transfer, but no beds were currently available for transfer.

The Veteran's claim for service connection for a dental condition for compensation purposes is denied. The Board finds that the Veteran does not have a current dental condition warranting service connection and remands the case to determine if he meets eligibility requirements for treatment purposes.

The Veteran's claim for payment or reimbursement of medical services received at Orlando Regional Medical Center on July 27, 2012 is granted. The treatment was provided in an emergency department and the Veteran had a significant head injury that required immediate medical attention to prevent potential health risks.

The Board has remanded the claims of service connection for blurred vision and initial disability ratings for hallus valgus, left foot and right foot due to incomplete medical opinions regarding etiology and severity.

The appeal was dismissed due to the death of the appellant.

Your appeal has been dismissed as you have withdrawn your claims.

The Board has granted service connection for residuals of a hysterectomy and denied service connection for a gynecological disability, including abnormal cells necessitating colposcopy and cryosurgery. The Veteran's Bartholin’s cyst is not entitled to an initial compensable evaluation.

The Board has remanded the claims for osteoporosis/osteopenia and a bilateral foot disorder due to in-service rheumatic fever. The VA will provide new medical opinions regarding these claims.

The Board has determined that the appellant is not eligible for DIC benefits as the Veteran's surviving spouse due to a lack of valid marriage prior to his death. The appeal for accrued benefits is also remanded as the AOJ incorrectly denied such benefits based on marital status.

The Board has determined that there is at least equipoise evidence to support the claim of service connection for CML due to exposure to herbicides, specifically Agent Orange. The Veteran's private oncologist opines that his CML was more than likely caused by his military service and exposure to Agent Orange.