Other conditions decisions — 2019

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Veteran's application to reopen the claim of service connection for stomach condition was granted. Service connection for residuals of gastroenteritis, peptic ulcer is also granted.

The Veteran's service-connected disabilities, including intervertebral disc syndrome, bowel incontinence, and bladder incontinence, prevent her from obtaining and retaining substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU) for the entire appeal period.

The fiduciary S.H. was removed as the Veteran's VA appointed fiduciary due to failing to submit a satisfactory accounting and potential misuse of funds, leading to termination.

The Board has remanded the claim for service connection for gout due to insufficient examination and conflicting medical opinions. The Veteran's symptoms, including leg swelling and pain, are noted as potential indicators of gout.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at a private hospital from April 6, 2016, to April 7, 2016, as the treatment was not rendered in a situation where delay would have been hazardous to life or health and it was reasonable to attempt to use the local VA clinic.

The Veteran's service connection claim for residuals of nasopharyngeal cancer due to exposure to herbicides, specifically Agent Orange, is granted. The Board found the medical evidence in equipoise and resolved doubt in favor of the Veteran.

The Veteran argues that he did not receive drill pay for FY 2015, but the VA has already deducted this from his disability compensation. The Board finds that further investigation is needed to verify if the Veteran received any training pay during FY 2015.

The Veteran's dependent child is not eligible for non-service connected death pension benefits due to exceeding the maximum annual income limit.

The Board has decided that the overpayment of $21,622.00 is invalid and should be reissued to the Veteran due to lack of notification regarding the debt owed.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, which barred him from receiving VA benefits.

The Veteran's claim of service connection for cutaneous marginal zone lymphoma is remanded due to the need for a VA examination and medical opinion regarding the relationship between his current condition and his military service.

The Veteran's unauthorized medical expenses incurred at a private hospital from November 6, 2015 to November 9, 2015 are denied as VA facilities were feasibly available and the Veteran refused transfer.

The Appellant, who is the Veteran's daughter, does not qualify as a child eligible to receive benefits for VA purposes due to her age at the time of the Veteran's death. Therefore, entitlement to death pension benefits is denied.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his right eye disability and whether an additional convalescent period beyond September 1, 2007 is required. The extension of SMC based on housebound status will also be addressed.

The Board found that an additional $542.00 in awarded but unpaid month of death VA benefits are due to the appellant as the surviving spouse, based on payment history issues.

The Veteran's left eye disability is not service-connected, and the cause of death was not due to a service-connected condition.,Accrued benefits claim for left eye disability under 38 U.S.C. § 1151 was denied as there was no evidence of carelessness or negligence on VA's part.

The Board has remanded the case for further development, including obtaining an addendum VA medical opinion to address the Veteran's claimed chronic anemia and scheduling a VA examination to determine the severity of her bilateral iliotibial band syndrome.

The Board has granted the Veteran's claim for service connection for ovarian cyst resulting in removal of a creative organ, finding that her current condition is at least as likely as not related to her service-connected cysts.

The Veteran's service-connected diabetes mellitus (DM) is not found to be the cause of his lymphedema of the left and right lower extremities or a heart infection. The Board denied entitlement to service connection for these conditions.