Other conditions decisions — 2019

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for purposes of VA death pension benefits due to a lack of continuous cohabitation from the date of marriage to the date of the Veteran’s death.

The Veteran's service-connected radiation proctitis is rated at 10 percent for the entire appeal period, and a separate 10 percent rating is granted for painful bowel movements and bleeding.

The Board has decided to remand the Veteran's claim for service connection of a gynecological disorder, specifically a right ovarian cyst. The decision is based on the need for additional medical examination and opinion.

The case is being remanded due to the need for additional development and a VA examination.

The Board denied service connection for the cause of death due to brain cancer, finding insufficient evidence linking it to herbicide exposure during service.

The Board has remanded the case due to the need for further development and examination.

The Board has remanded the case due to insufficient development regarding whether the Veteran's Army National Guard service from January 2, 2010 to January 31, 2011 qualifies as active duty under a specific section of the law. The VA needs to determine this and provide an explanation for any determination.

The Board has found that the issue of whether the overpayment of compensation benefits in the amount of $13,618.17 was properly created must be resolved before considering the waiver request. The Veteran is advised to file a timely notice of disagreement and substantive appeal if he wishes to contest this determination.

The appeal was dismissed because the Veteran withdrew it before a decision could be made.

The Veteran's DIC benefits with additional need for aid and attendance were properly calculated, and the Appellant is in receipt of the maximum amount.

The Veteran requests that his son, M.D., be appointed as his fiduciary. The Board has determined this is a remanded issue due to the need for further investigation and consideration of the factors outlined in VA's Fiduciary Program Manual.

The Veteran's claims for service connection for polycythemia vera and bilateral pulmonary embolisms were denied as there was no evidence of a direct relationship to his military service, including exposure to herbicide agents. The Board found that the disorders did not begin during service or are otherwise etiologically related to service.

The Veteran's service-connected disabilities include Achilles tendonitis of the bilateral lower extremities and bilateral pes cavus. He incurred unauthorized medical expenses at a private hospital on June 19, 2013, and August 5, 2013. The Board is unable to make a determination due to lack of records related to his condition at the time treatment was provided.

The Veteran's bilateral leg muscle cramps are being remanded for further evaluation due to insufficient information in the evidence of record regarding their onset and relationship to service.

The Veteran's service-connected bilateral shin splint conditions are remanded for a new examination to determine the current severity of her condition.

The Veteran's gout arthritis disability of the right great toe, left foot, and right knee is currently rated at 40 percent. The Board denied an increased rating as his condition does not meet the criteria for a higher evaluation.

The Veteran seeks reimbursement for travel expenses to and from VA medical facilities for the time period from March 22, 2011 to November 25, 2013. The AOJ has determined that the Veteran failed to file his application within 30 calendar days of each of the VA appointments. The Board finds additional development is required due to missing documentation and requests for clarification.

The Veteran's appeal regarding the timeliness of her substantive appeal is granted, and the underlying claim for service connection for colon cancer is reinstated.

The Veteran requested to withdraw the issue of entitlement to a temporary total evaluation for intervertebral disc syndrome due to convalescence, and the Board dismissed it as a result.

The Veteran's left shoulder disorder, classified as os acromiale variant with rotator cuff tear and labral tear including superior labral anterior-posterior lesion, has worsened since his April 2017 examination. The case is remanded for a new VA examination to assess the current severity of his service-connected disability.