Other conditions decisions — 2019

The Board has remanded the claims for further development due to a lack of compliance with previous instructions regarding exposure to VOCs, TCE or PCE and their contribution to the Veteran's death from hypertensive arteriosclerotic cardiovascular disease.

The Veteran's claim for a compensable rating for his left thumb fracture with surgery was denied. The issue of entitlement to a compensable rating for his left index finger disability is referred to the AOJ.

The Board denied the appellant's claim as he has no confirmed periods of service in active duty, and thus is not a veteran for purposes of eligibility for VA benefits.

The Veteran's need for aid and attendance due to service-connected conditions has been established, granting special monthly pension based on the need for aid and attendance of another.

The Veteran's request to reopen a claim for service connection for chronic fatigue syndrome (CFS) is remanded. The Board has also decided that the issue of entitlement to service connection for shortness of breath, to include as a manifestation of an undiagnosed illness, is remanded.

The Veteran died without any pending claims for service connection at the time of his death, and thus accrued benefits cannot be awarded.

The Veteran's death was not service-connected, and the VA denied his spouse's claims for burial benefits and death pension. The case is being remanded to issue a Statement of the Case on the death pension claim.

The Veteran is seeking payment or reimbursement for medical services provided at University of Florida Health Shands Hospital on January 25, 2016. The VA has denied the claim due to a lack of timely filing. The Board finds that relevant VA records are needed to determine if the treatment was in an emergency department and if there were any instructions regarding filing a claim for payment or reimbursement.

The Veteran's surviving spouse died in March 2014, and the appellant filed a claim for reimbursement from accrued amounts due to her as an accrued benefit over one year after her death. The Board denied the claim because it was not filed within the required one-year period.

The Board denied the Veteran's claim for service connection for ulcerative colitis, finding that there was no evidence of a nexus between his current condition and his military service.

The Board has remanded the Veteran's claim of entitlement to service connection for benign prostate hypertrophy due to a lack of adequate medical opinion and failure to address all relevant evidence, including in-service complaints of dysuria. The case is now pending with instructions to obtain additional VA treatment records and provide the Veteran with another opportunity to submit private treatment records.

The Board has reopened the claim of service connection for bilateral pes cavus due to new and material evidence provided by a private podiatrist. However, the issue is remanded as there is insufficient evidence to determine if the condition was aggravated during service.

The Veteran's cause of death, myelodysplastic syndrome and acute myeloid leukemia, is presumed to be related to his military service due to exposure to herbicide agents like Agent Orange. The Board granted the claim for service connection.

The Veteran's VA benefits were suspended due to lack of a valid address, and reinstated on September 1, 2010. The Board denied the request for an earlier effective date.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Jefferson Regional Medical Center (JRMC) from January 29, 2015 to January 31, 2015 is denied because he did not receive medical services from VA within the preceding 24 months.

The Board dismissed the appeals due to the Veteran's death, and no jurisdiction remains for further action.

The Board found that the overpayment of VA compensation benefits in the amount of $7,529.80 was properly created due to a delay in notifying VA of the divorce from K.G., and thus denied the appeal.

The Veteran's child, the appellant, is not eligible for burial benefits as they have already been awarded to another family member.

The Board has remanded the issues of service connection for a neck condition, headaches, and dental trauma for treatment purposes due to lack of medical opinion on whether these conditions are related to the service-connected scar.

The Board denied the Veteran's claim for service connection for Crohn's disease, finding that there is no evidence to support a link between his service and the condition.