Other conditions decisions — 2019

The Veteran is seeking payment or reimbursement for medical services received at Maury Regional Hospital on March 18, 2015. The claim has been remanded due to missing correspondence and documents.

The Veteran's right neck and upper extremity pain, which had been present for weeks but worsened to the point of being unable to lie down or sleep, was considered a medical emergency. The VA facilities were not feasibly available during his emergency, and he did not receive prior authorization from VA before seeking treatment at an ER.

The Veteran's adult daughter, who was not a qualifying surviving child under VA regulations, had her appeal dismissed because there were no eligible claimants for DIC benefits.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right leg disorder and its relationship to his service-connected lumbar spondylosis.

The Veteran's arthritis of the left pelvis/hip (limitation of extension) is rated at 10 percent, which fully reflects all symptomatology associated with this condition.,The Veteran's arthritis of the left pelvis/hip (impairment of thigh) is rated at 0 percent, as it does not meet the criteria for a compensable rating under DC 5253.,The Veteran's limitation of flexion of arthritis of the left pelvis/hip is rated at 10 percent, which fully reflects all symptomatology associated with this condition.

The appellant is not recognized as the Veteran's surviving spouse for purposes of establishing entitlement to DIC benefits because she was divorced from the Veteran at the time of his death.

The Board has remanded the Veteran's claim for a VA examination to determine if she has a right ear disability and its relationship to service, as there is significant disparity in diagnoses and etiology of her symptoms.

The Board denied the Veteran's appeal regarding whether a substantive appeal was timely filed in response to a February 2015 Statement of the Case (SOC) because the September 2016 VA Form 9 was untimely and did not constitute a valid substantive appeal.

The Veteran's claim for TDIU is remanded due to incomplete employment information. The Board will request updated details on his work history.

The Board is unable to verify the nature of the Veteran's emergency treatment at Spotsylvania Regional Medical Center on August 1, 2015. The matter is being remanded for further action.

The Board denied the appellant's claims for service connection for the Veteran’s cause of death, nonservice-connected death pension, and accrued benefits due to lack of new and material evidence. The Veteran did not have qualifying service for nonservice-connected death pension benefits and there were no pending claims or unpaid benefits at his time of death.

The Board has remanded the case due to insufficient medical opinions linking the Veteran's mantle cell lymphoma to his military service, specifically exposure to toxins at Homestead Air Force Base.

The Board has decided to remand the case for further development regarding the source of funds used to pay for the deceased veteran's living expenses and burial costs.

The Appellant's claim for accrued benefits was denied because her application was not filed within one year of the Veteran's death.

The Board denied the veteran's claim for educational benefits under the Veterans Retraining Assistance Program (VRAP) because the veteran did not serve in the Armed Forces and therefore does not meet the eligibility criteria.

The Veteran's unauthorized medical expenses incurred for emergency treatment at Swedish Medical Center are granted, as the condition was emergent and a VA facility was not feasibly available.

The Veteran's right thumb disability, previously rated as degenerative joint disease of the first metacarpophalangeal joint, is granted a staged initial 10 percent rating prior to August 1, 2018. Since August 1, 2018, the Veteran’s right thumb disability warrants a staged initial rating in excess of 20 percent.

The Veteran's surviving spouse was not eligible for death pension benefits as her annual income exceeded the legal limit, and she did not meet the net worth requirements under VA regulations.

The Board has denied the Veteran's request for a higher rating for his thoracic spine disability and has remanded the issues of SMC based on need for aid and attendance or by reason of being housebound prior to April 1, 2015, entitlement to SMC based on the need for aid and attendance from April 1, 2015, and TDIU.

The Veteran's service connection claims for an ear condition and a respiratory condition are denied as the preponderance of evidence does not support a finding that these conditions began during or are otherwise related to his military service.