Other conditions decisions — 2019

The Board has determined that the Veteran's claims for a compensable disability rating for his umbilical hernia prior to May 28, 2010 and an earlier effective date for TDIU prior to November 5, 2008 must be remanded due to confusion in the submissions and need for further development.

The Board has remanded the case due to insufficient medical opinion regarding the cause of death and the need for additional development.

The Veteran's claim for payment or reimbursement of medical services received at St. Lukes Regional Medical Center (SLRMC) from May 8, 2015 to May 9, 2015 has been granted.,The Veteran's claim for payment or reimbursement of the cost of private emergency transportation to SLRMC by Blaine County Ambulance (BCA) and St. Lukes Air (SLA) on May 8, 2015 has also been granted.

The Board denied the reopening of claims for service connection for left arm disorder, right arm disorder, and skin disorder manifested by heat rash due to lack of new and material evidence.

The Board dismissed the appeal because the appellant died during the pendency of the case, and thus has no jurisdiction to adjudicate the merits.

The Veteran's death was caused by malignant neoplasm of the lower third esophagus and malignant neoplasm of the bone, which are presumed to be related to his in-service herbicide agent exposure. The Board has remanded for further development regarding service connection for lung cancer, cervical spine disability, left heel strain, and lumbosacral strain.

The Veteran's claim for service connection for deviated septum has been granted. The claims for cold injury residuals of the left and right foot have been remanded.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's left hip strain and his military service.

The Board has decided to remand the case due to the need for additional evaluations and assessments related to the Veteran's cognitive disorders, which may be related or distinguishable from his service-connected unspecified trauma and stressor related disorder.

Service connection for fungal disease of the feet and groin is granted. Service connection for a pulmonary respiratory disorder is remanded.

The Board denied the Veteran's claim for an earlier effective date for additional compensation for his dependent spouse, finding that the first formal communication indicating intent to apply for this benefit was a VA Form 21-686c submitted on August 27, 2017. The decision states there is no entitlement under the law to the benefit sought.

The Board has decided to remand the issue of increased disability rating for scoliosis due to insufficient examination details regarding flare-ups and functional loss.

The Board granted a waiver of overpayment for nonservice-connected pension benefits, reducing the original amount from $45,108 to $31,574. The remaining $13,534 was waived due to new evidence and materiality.

The Veteran's death was not caused by a service-connected disability, and the VA did not provide negligent care that contributed to his death. The Board found no evidence of negligence or foreseeability.

The Veteran's cholangiocarcinoma of the biliary tract is remanded for a VA examination to determine if it is at least as likely as not caused by his military service, including exposure to herbicide agents in Vietnam.

The Veteran's net worth is not excessive for the receipt of NSC pension at the aid and attendance rate, so his appeal based on this issue is granted.

The Veteran's left foot sprain and nose fracture residuals are currently rated at 0 percent. The Board has found that the criteria for a higher rating have not been met, but has remanded the cases to obtain additional evidence and conduct further examinations.

The Board has granted a separate rating for CAD as a manifestation of service-connected diabetes mellitus, but the case is remanded to assign an initial disability rating.

The Veteran withdrew his appeal before a decision was made, so the case is dismissed.

The Veteran's claim for special monthly compensation (SMC) based on need for aid and attendance or homebound status is denied because he does not have qualifying active duty military service, has no service-connected disabilities, and his lay statements do not provide sufficient information to establish a period of qualifying military service.