Other conditions decisions — 2019

The Board has remanded the claims of service connection for a broken coccyx and total disability based on individual unemployability (TDIU) due to outstanding VA treatment records not being obtained. The Veteran's representative included argument regarding a claim of entitlement to service connection for a broken toe, which was granted in a previous decision.

The Board has determined that a remand is necessary to determine if the Veteran's Ewing sarcoma qualifies as a 'soft-tissue sarcoma' and meets the criteria for presumptive service connection under 38 C.F.R. § 3.309(e).

The Board has determined that additional development is needed to assess the current severity of the Veteran's right index finger injury, including any associated nerve damage. The case will be returned for further review after this development.

The Board has remanded the Veteran's claims due to deficiencies in the medical opinions and lack of service treatment records. The claims will be reviewed again with additional evidence.

The Veteran's initial 60 percent disability rating for degenerative joint disease and intervertebral disc syndrome of the thoracolumbar spine is granted. The appeal seeking an earlier effective date for TDIU prior to January 11, 2013 is remanded.

The Veteran's unauthorized medical expenses incurred at LRMC on August 15, 2017 were granted as the condition was of such a nature that delay in seeking immediate medical attention would have been hazardous to life or health. No VA facility was feasibly available and an attempt to use one beforehand would not have been reasonable by a prudent layperson.

The Board found that the Veteran's VR&E benefits were properly discontinued due to her failure to provide necessary progress documentation and cooperation, despite multiple attempts by VA staff.

The Veteran's request for a waiver of recovery of overpayment of VA compensation benefits in the amount of $13,221.33 is remanded due to error by VA.

The Board has denied the claim for service connection for cause of death due to lack of evidence showing a relationship between the Veteran's service and his cause of death, which was metastatic rectal cancer. The preponderance of the evidence is against a finding that any service-connected disability caused or contributed to the Veteran’s death.

The Veteran's request for waiver of overpayment of VA pension benefits was denied because it was not received within the required 180-day period.

The Board has decided to remand the case due to a lack of documentation showing that the Veteran received medical services from TriWest within the 24-month period preceding July 9, 2017. The case will be returned for further development.

The Veteran's emergency medical treatment at CRMC for left flank pain was found to be eligible for reimbursement under VA regulations, as he received VA health care within the preceding 24 months and his receipt of a Veterans Health Benefits Handbook constituted 'medical services' under the law.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not provide adequate verification of income and net worth during the relevant period on appeal.

The appeal is remanded due to insufficient evidence regarding the Veteran's VA-contracted hospice care at the time of his death. The AOJ needs to obtain and review all relevant records from the Sebring VAMC, including any records authorizing VA-contracted hospice care.

The Veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the claim at this time.

The Board has decided that the Veteran's claim for service connection for intervertebral disc syndrome should be remanded due to inadequate medical opinions and missing records.

The Veteran's claim for a 10 percent rating based on multiple noncompensable service-connected disabilities from September 10, 2010 to August 23, 2012 and from October 1, 2012 to August 18, 2013 has been denied as he has already received a compensable rating for the entire period on appeal.

The Board has ordered a remand for an examination to assess the current severity of the Veteran's service-connected right peroneal nerve disability, which is associated with sacroiliitis.

The Board denied service connection for a gastrointestinal disorder and bilateral eye disability, finding that the Veteran's conditions were not related to his military service or any service-connected condition.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's lupus is related to herbicide exposure in service. The AOJ must obtain additional evidence and provide a new VA examination.