Other conditions decisions — 2019

The Board denied an earlier effective date for DIC benefits based on service connection for the cause of the Veteran's death, finding that the earliest date VA received a communication from the appellant was February 1, 2010.

The Board has decided that additional VA treatment records are needed to properly assess the cause of death, and thus remands the case for further development.

The Veteran's appeal is remanded due to the need for a supplemental statement of the case (SSOC) addressing whether A. should be recognized as his dependent child based on school attendance and/or status as a helpless child.

The Board has granted payment or reimbursement for the cost of medical services received at LRMC on September 15, 2016 due to an emergency condition. However, the Board denied payment or reimbursement for the cost of medical services received at LRMC on September 16, 2016 as it was not for a condition that would have been hazardous if delayed.

The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any of his service-connected disabilities to his death or that they were caused by in-service asbestos exposure or hypertension.

The Veteran's appeal for a higher disability rating for Non-Hodgkin's lymphoma was denied.,The Veteran's claim for an earlier effective date for service connection of non-Hodgkin's lymphoma based on Camp Lejeune exposure was also denied.

The Veteran's death from a blunt force trauma of the head was not incurred in the line of duty due to his own willful misconduct, and thus service connection for the cause of death is denied.

The Board has denied the Veteran's claims for service connection for back spasms, right foot pain, chest pains, pharyngitis, and right lower extremity nerve damage to the foot as there is no evidence of current disabilities or functional impairment due to these conditions.

The Board has remanded the case due to incomplete records and failure to obtain a completed release for the Veteran's medical treatment at Tampa General Hospital.

The Board has denied service connection for a sinus condition and a lower respiratory condition, finding that the evidence does not support a nexus to active duty service.

The Board denied service connection for bilateral knee disabilities, finding that the Veteran's Osgood-Schlatter's disease and chondromalacia were noted at service entrance and not aggravated during service. The evidence was insufficient to support a finding that current bilateral knee disabilities either began during or were otherwise caused by military service.

The Veteran's death was caused by his service-connected coronary artery disease (CAD), which is presumed to be due to exposure to herbicide agents in Vietnam. The Board granted service connection for the cause of the Veteran's death.

The Veteran's daughter was born in 1960, prior to the eligible period of covered service for compensation for a child of a Korea or Vietnam veteran born with spina bifida. The appellant is denied benefits under 38 U.S.C. §§ 1805 and 1821(a) because she was not exposed to herbicide agents in Korea or Vietnam.

The Board denied the Veteran's claim for service connection of a right elbow disability, finding that there was no current diagnosis or evidence linking his claimed condition to active service.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The appeal regarding the retroactive reduction of disability compensation benefits due to a period of incarceration from June 2, 2004 to March 14, 2007 is dismissed because the appellant died before a final decision could be made.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred from Pelican Coast Emergency Physicians and Thales Inpatient Service is granted due to the treatment being considered an emergency, VA not having a feasible alternative, and the claim filed within 90 days of discharge.

The Veteran's herpes simplex virus II disability does not meet the criteria for a compensable rating as it affects less than 5 percent of his entire body or exposed skin and requires only oral antiviral therapy.

The Veteran's medical expenses for pneumonia treatment at Baptist Medical Center Beaches on April 9, 2016 are granted as the services were provided in a hospital emergency department and delay would have been hazardous to life or health.

The Board has determined that the Veteran's incarceration status affects his eligibility for nonservice-connected pension benefits. The decision is remanded to allow for additional development, including providing updated income information and arranging an appropriate examination.