Other conditions decisions — 2019

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has determined that the Veteran's unauthorized medical expenses incurred at a private hospital on December 25, 2016 were for emergency treatment and that no VA facility was feasibly available to treat his condition. Therefore, payment or reimbursement is granted.

The Veteran attempted to transfer 12 months of Post-9/11 GI Bill benefits to her daughter, but revoked the election within 30 days. The Board found that she did not make an irrevocable election for educational assistance benefits under the Post-9/11 GI Bill in lieu of benefits under Chapter 30.

The Veteran's service-connected unspecified trauma and stress related disorder is being remanded for further evaluation, including a VA examination to assess the current severity of his disability. The TDIU claim is also being remanded due to its inextricably intertwined nature with the rating issues.

The Veteran died in March 1995 from bronchiogenic carcinoma, which was not service-connected. The appellant filed a claim for DIC on February 13, 2018, and the VA granted service connection for the cause of death due to herbicide exposure in Thailand. However, as no earlier claim existed, the effective date is set at the date of receipt of the claim.

The Veteran's claim for payment or reimbursement of ambulance use is remanded due to incomplete financial documentation.

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

The Board has determined that the Veteran's left leg disability is proximately due to or aggravated by his service-connected right knee disability, and thus grants service connection for this secondary condition.

The Veteran's death was not related to his active duty service and the condition which caused his death (malignant neoplasm of the bronchus) was not shown to have manifested within one year of his separation from service. The Board found no evidence of herbicide exposure during service, thus denying service connection for cause of death.

The Board has determined that further procedural development is necessary and the Veteran's claims for service connection, increased ratings for asthma and dermatitis/eczema are REMANDED.

The Veteran's appeals for service connection and rating for skin disabilities were dismissed due to the death of the Veteran.

The Veteran's claim for a higher rating for his right hand disability has been denied as the evidence does not support an increase beyond the current 10 percent rating.

The Veteran's DIC and pension benefits claims were denied due to lack of service-connected disabilities. The accrued benefits claim was also denied as there was no pending claim at the time of his death.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation and Pension for extraschedular consideration due to some evidence supporting unemployability, despite not meeting schedular requirements.

The Veteran's appeal is remanded due to errors in the calculation of reduction in VA disability compensation for military drill pay received during Fiscal Year 2016. The RO needs to recalculate based on the exact dates of training and provide a supplemental statement of the case.

The Board has remanded the claim for service connection for HCL due to herbicide exposure, as it is unclear whether the Veteran was exposed in Germany. The AOJ must verify the Veteran's alleged exposure and obtain any outstanding medical records.

The Veteran's claim for a compensable rating for residuals of a parotidectomy is being remanded due to the addition of new medical evidence since the October 2017 SOC. The Board will review this evidence and issue an SSOC if necessary.

The Board has remanded the case due to inadequate discussion of a prior remand regarding the adequacy of a medical opinion on the cause of death.

The Board denied a waiver of overpayment due to the Veteran's status as a fugitive felon, finding no fault on VA's part and that recovery would be against equity and good conscience.

The Board has remanded the case due to insufficient examination of the Veteran's T-11 condition, specifically regarding additional functional loss during flare-ups and repetitive use.