Other conditions decisions — 2019

The Board found that the Veteran's compensation benefits were properly withheld from May 21, 2014 to July 21, 2014 due to his fugitive felon status. The decision is based on official records and verified by a parole officer.

The Veteran's claim of service connection for epididymitis and urge incontinence has been reopened, but the case is remanded as further medical examination is needed to determine if these conditions are related to his military service.

The Veteran's gum surgery residuals including sensitivity for compensation purposes are denied as there is no evidence of a compensable dental condition.,Service connection for facial rash is granted, with the condition having its onset in service and persisting since then.

The Board denied the veteran's claim for service connection for ALS as he did not have active military, naval or air service and was not disabled from a disease or injury incurred in line of duty during his period of ACDUTRA.

The Veteran's claim for compensation under 38 U.S.C. § 1151 was denied because the evidence did not establish that VA medical or educational services were the proximate cause of his additional disability.

The Veteran's overpayment of $15,434.64 is being remanded for further review due to an alleged administrative error by VA.

The Veteran's unauthorized medical expenses incurred for a urinary tract infection at Parkridge Medical Center on August 25, 2012, are granted as the treatment was rendered in an emergency situation where delay would have been hazardous to her health.

The Board has remanded the cause of death appeal due to incomplete development and lack of a fully-informed decision. The DIC benefits claim is inextricably intertwined with the cause of death issue.

The Board denied the appellant's request for an extension of her DEA delimiting date, finding that she was not eligible and that the law, rather than facts, is dispositive.

The Veteran's child is not eligible for an extension of the DEA delimiting date due to being charged with a misdemeanor, which does not constitute a circumstance beyond his control.

The Veteran's claim for service connection for bilateral ocular nerve damage of the eyes is being remanded due to a lack of a VA examination and because the threshold for finding a link between a current disability and service has been satisfied.

The Veteran's claim for an increased rating for his left shoulder disability was denied as the disability is currently rated at 20 percent, which is the maximum available under the applicable diagnostic codes.

The Board has decided to remand the case due to conflicting evidence regarding the Veteran's ability to perform daily activities and his need for aid and attendance. An additional VA examination is required to determine if his service-connected disabilities render him in need of such assistance.

The Board has remanded the case due to incomplete financial information provided by the Veteran. The RO must verify and obtain complete financial status reports from the Veteran.

The Veteran's service-connected residuals of colectomy with perianal fistula and decreased sphincter control were found to be more than 30 percent disabling prior to July 24, 2013, but not more than 60 percent disabling from July 24, 2013, to August 11, 2016. The appeal was denied as the evidence did not support a higher rating.

The Veteran's death was due to colon cancer, which is presumed service-connected based on exposure to ionizing radiation. The Veteran also required aid and attendance of another person due to his condition.

The Veteran's claim for an initial compensable rating for restless leg syndrome is remanded due to the need for additional evidence and a new examination.

The Veteran's death was caused by glioblastoma brain tumor, which is not service-connected. The service-connected disabilities did not contribute to his death.

The Veteran's additional left eye disability, including vision loss, was caused by carelessness, negligence, or lack of proper skill on VA’s part in furnishing medical treatment in August, September, and October 2008. The Board granted compensation under the provisions of 38 U.S.C. § 1151.

The Board has determined that additional development is needed for the claims of service connection for bruxism and TMJ disorder, both secondary to PTSD. The Veteran's VA examiner was unable to provide a definitive opinion regarding the etiology of these conditions without resorting to speculation.