Other conditions decisions — 2019

The Board denied the appellant's request for an effective date prior to June 4, 2013 for VA non-service-connected death pension (survivor’s benefits) as her claim was not timely filed and she did not meet the requirements of being a 'surviving spouse' under VA regulations.

The Board has remanded the case due to conflicting medical opinions regarding a right lower extremity nerve disorder. A new VA examination is needed to determine if this condition was caused by service and its current status.

The appeal for an earlier effective date and overpayment issues has been withdrawn by the appellant's representative.

The Veteran's active duty service did not meet the requirement of at least 36 months to qualify for a 100% educational benefits rate. The Board denied his claim as he was only 3 days short of meeting this requirement.

The Board found that the Veteran's overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits is valid and denied his claim.

The Board has ordered the AOJ to obtain a complete copy of the appellant's personnel record, including disciplinary records and records related to his August 1990 special court-martial. The appeal is remanded due to incomplete service records.

The Board has remanded the case due to insufficient documentation of cooperation with rescheduling VA examinations and a need for an examination to determine the etiology of the Veteran's current sleep disorder.

Your appeal has been dismissed due to the Veteran's death, and no service connection issues are being decided.

The Board has not reopened the Veteran's claims for service connection for skin cancer and soft tissue sarcoma, as no new and material evidence was received.,The Veteran's claim of increased ratings for his knee injuries and neuropathy remains pending.

The Veteran's service connection claims for CAD, CHF, ventricular arrhythmia, atrial fibrillation, and diabetes mellitus are granted. The claim for Grave's Disease is remanded due to lack of presumptive service connection.

The Veteran's medical expenses incurred at Florida Hospital Zephyrhills from September 6 to September 9, 2015 were denied because the claim was not filed within 90 days of the treatment and no third-party action for reimbursement had been exhausted.

The Board has decided that the cause of death was not caused by service-connected conditions, and remands the case for further development to obtain medical opinions on potential causes.

The Veteran's service is not considered to be during a period of war, thus denying his claim for VA nonservice-connected disability pension benefits.

The Veteran's claims for increased disability rating and TDIU are being remanded due to the need for additional medical examination.

The Board denied the appellant's request to extend her delimiting date for DEA benefits beyond June 22, 2016 due to lack of medical infeasibility during her 10-year period of eligibility and because she did not serve on active duty during that time.

The Board denied the Veteran's request for additional VR&E benefits and a change in his program goal from employment in business management to self-employment, finding that the preponderance of evidence did not support such changes.

The Veteran's current spouse was not added as a dependent for dependency allowance prior to January 23, 2012 due to lack of notice from the VA. The effective date is set at January 23, 2012.

The Veteran's claim for an evaluation in excess of 10 percent for residuals, fractured pelvis, symphysis pubis and bilateral ischia with posttraumatic degenerative joint disease was denied. The disability has resulted in symptoms such as painful motion but no limitation of flexion or extension to the extent that would warrant a higher rating.

The Board denied the Veteran's claim for an earlier effective date for adding his dependent child J.A.M. to his VA award, finding that he did not provide notice of the dependent’s existence within one year of the child's birth.

The Board denied the Veteran's claim for service connection for fatigue as it is due to depression, which is not service-connected.