Other conditions decisions — 2019

The Veteran's claim for service connection for her neck disorder is remanded due to the need to verify duty status, obtain an updated etiology opinion considering a motor vehicle accident, and obtain any outstanding VA and private treatment records. A VA examination will also be scheduled.

The Board denied the Veteran's partner's request for burial benefits because the Veteran was not in receipt of any VA compensation or pension at the time of his death, and there were no pending claims. The Appellant did not have sufficient resources to cover the funeral expenses.

The Veteran passed away during the appeal, so their case is dismissed.

The Board has determined that the Veteran's eligibility for VA dental treatment needs to be re-evaluated by the Veterans Health Administration (VHA). The matter is being remanded for this purpose.

The Veteran's combined rating for Myasthenia Gravis with diplopia status post thymectomy is granted at a combined 40 percent, but not higher. Compensation for Total Disability Based on Individual Unemployability (TDIU) due to service-connected disabilities is also granted.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at BRH on July 2, 2017 due to the non-emergent nature of the treatment and the availability of VA facilities.

The Board denied the Veteran's claim to reopen his service connection for a bowel condition, finding that new and material evidence was not received since the previous denial in April 2011.

The Board has found that the issue of whether the overpayment debt was properly created needs to be resolved before considering the waiver request. The Veteran is advised to file a notice of disagreement if he disagrees with this determination.

The Veteran's service-connected gunshot wound residuals contributed to his death from congestive heart failure and myocardial infarction, which the Board found substantially and materially caused his death. The decision grants DIC based on this finding.

The Veteran's claim for an increased evaluation and a prior effective date for his left shoulder disability were both denied. The Board found that the evidence did not support higher ratings or additional separate ratings, and determined that the current 20 percent rating was appropriate given the Veteran's range of motion limitations.

The Veteran's claims for service connection for chronic bilateral foot and hand disorders were denied as there is no evidence of a current disability.

The Board denied service connection for the Veteran's residuals of right leg injury, finding that there is no evidence to support a link between his current pain and an in-service motorcycle accident or other incident.

The Board denied an earlier effective date for dependency benefits due to the Veteran's failure to submit necessary documentation within one year of receiving notification letters, despite being potentially eligible since April 2013.

The Veteran's surviving spouse is determined to be L.O., not H.O’Grady, and therefore H.O’Grady is not entitled to DIC or death pension benefits.

The Veteran died in November 1976 and was buried. The Appellant's application for burial benefits was filed decades later, after the two-year time limit expired. As a result, the appeal is denied.

The Board has determined that additional development is necessary before a decision can be made on the claims for ratings in excess of 10 percent for bursitis of the right and left hips, as evidence suggests worsening of the disability since the last VA examination. The Veteran should be given an opportunity to provide any outstanding private or VA treatment records relevant to her hip conditions.

The Veteran's periodontal disease is not considered a compensable disability for VA compensation purposes and thus, service connection for this condition is denied.

The Board has remanded the cases for additional development, including obtaining VA medical opinions regarding the Veteran's bilateral finger disability and any additional disabilities resulting from treatment at the Philadelphia VAMC.

The Veteran's death was not service-connected, and his remains were claimed by the Appellant. Therefore, burial benefits are denied as he did not meet the criteria for payment.

The Board has decided that the Veteran's claims for service connection for prostatic adenocarcinoma and bladder disability are remanded due to insufficient evidence. The effective date of any future grant of service connection will be determined based on when the claim was received.