Other conditions decisions — 2019

The Board has decided to remand the case due to the need for additional treatment records and a new VA examination.

The Board is remanding the case to clarify the period of full-time enrollment at University of Alabama at Birmingham (UAB) and consider all evidence added since the March 2018 Statement of the Case.

The Board has decided to remand the case due to the need for additional VA treatment records and examinations regarding the Veteran's service-connected fibrosis and right-hand navicular bone fracture.

The Veteran's claim for a clothing allowance is denied as his application was not timely filed and the topical medication used did not cause irreparable damage to his outer garments.

The Board denied the appellant's claim for service connection for a right shoulder disability, finding that his pre-existing right clavicle fracture with non-union clearly and unmistakably existed prior to his active duty service and was not aggravated by his brief period of active duty.

The Board denied the appellant's claim as he is not a qualifying child for VA DIC benefits due to his age at the time of filing.

The Board has decided that the service connection for the cause of the Veteran's death cannot be determined due to insufficient information about his exposure to herbicides during service. The case is being remanded for further development.

The Board has found that additional development is required before the claims on appeal are decided, as a supplemental VA medical opinion was inadequate. The examiner should provide an addendum opinion addressing whether the Veteran's cause of death was etiologically related to medication prescribed for service-connected disabilities and if it was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board denied the Veteran's claim for an earlier effective date for the award of additional compensation benefits for his dependent child, AT. The decision found that no evidence of record predating December 21, 2015 mentioned AT and thus the earliest effective date was January 1, 2016.

The Veteran's initial disability evaluation for a tear of the infraspinatus tendon of the left shoulder was denied as it did not meet the criteria for an increased rating.

The Veteran's appeal regarding the effective date of his award for additional VA compensation benefits for a spouse named E.D. is remanded due to a timely notice of disagreement.

The Board has decided that additional action is required to determine D.D.W.'s eligibility for burial in a VA national cemetery due to his mental disability before reaching age 21. The appellant needs to provide authorization for the VA to obtain any relevant private medical records.

The Board has decided to remand the case due to incomplete information and evidence, requiring the VA to obtain additional records from Charleston Methodist Hospital and provide the appellant with another opportunity to respond.

The Veteran's death occurred before the eligibility criteria for a government-furnished headstone or grave marker were established, thus denying the claim.

The Veteran's appeal to reopen her claim of service connection for a brain tumor is dismissed. Since April 13, 2016, the Veteran has been granted total disability based on individual unemployability (TDIU).

The Veteran's death occurred before the eligibility criteria for a government-furnished headstone or grave marker were established, and thus he is not eligible for such benefits.

The Veteran's countable income exceeded the maximum annual pension rate for a veteran with aid and attendance, thus denying entitlement to special monthly pension benefits for the month of his death on a substitution basis.

The Veteran's overpayment of VA improved pension benefits is waived due to the lack of fault on his part and undue hardship caused by the debt.

The Board has granted an effective date of February 21, 2015 for the addition of the Veteran's spouse to his VA disability compensation award. The decision is based on evidence showing that the Veteran first informed VA of his marriage to A. on February 21, 2015.

The Board has decided that the Veteran's cataracts are related to his service-connected keratoconus and remanded for further action on increased rating for keratoconus, TDIU claim, and a request for VA examination.