Other conditions decisions — 2019

The Board has ordered the VA to obtain additional records and a new medical opinion regarding when the Veteran stabilized, which could affect payment or reimbursement of unauthorized inpatient rehabilitative services. The appeal is remanded due to non-compliance with previous orders.

The Veteran's appeal for a waiver of an overpayment of VA pension benefits was denied because the request was not made within the 180-day time limit following notification of the debt.

The Veteran's claim for service connection for an arachnoid cyst has been reopened due to the submission of new and material evidence. The case is now remanded for further examination and opinion regarding the nature, etiology, and relationship to service.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's skin disorders and his in-service exposure to Agent Orange.

The Board finds that the Veteran's condition on April 24, 2015 was such that a prudent layperson would have reasonably expected delay in seeking medical attention to be hazardous to life or health. The closest VA facility was over 98 miles away and an hour and a half drive from his home. Therefore, payment or reimbursement for unauthorized medical expenses incurred at FHS on April 24, 2015 is granted.

The Veteran's claim for an initial compensable disability rating for bilateral foot callouses is remanded due to the lack of information on the percentage of his total body area affected by the condition under both old and new VA regulations.

The Veteran's arthroplasty right fifth toe is currently rated at 10 percent, but the Board has found that a higher rating of 20 percent is warranted. The case is remanded for further development and adjudication regarding entitlement to TDIU.

The Board has denied the Veteran's DIC claim due to lack of care by VA, and has remanded for further development regarding service connection for the cause of death.

The Veteran's death was not caused by a service-connected disability.,The Veteran did not have a continuously rated totally disabling condition for at least 10 years immediately preceding his death.

The Veteran's spouse was in need of regular aid and attendance due to her advanced-stage colorectal cancer, which required the Veteran's care. The appeal is granted for SMC based on the need for regular aid and attendance prior to October 2018.

The Board denied retroactive Dependents’ Educational Assistance (DEA) benefits under Chapter 35 because the appellant's application was received more than a year after the initial rating decision establishing eligibility for DEA benefits.

The Board denied service connection for a right upper extremity peripheral nerve disability, finding that it was not incurred or aggravated by active service and not caused or aggravated by a service-connected disease or injury.

The Veteran's claim for a higher rating for residuals of gunshot wound to the right lower extremity was denied, and his initial compensable disability rating for bilateral trench foot was granted.

The Veteran's claim for Post-9/11 GI Bill education benefits was denied due to his character of discharge. The Board has decided to remand the case as it requires obtaining the Veteran’s military personnel records, including his DD Form 214.

The Board denied the validity of the overpayment of $426.12 for tuition and fees, finding that it was validly created despite the Veteran's claim of mitigating circumstances due to active duty orders.

The Veteran's topical skin medication, Sebex, caused irreparable damage to his upper extremity outer garments. The Board granted the Veteran an additional clothing allowance for 2014.

The Veteran's service-connected pelvic adhesive disease has been rated at 10% since November 2010. The Board has now granted a rating of 30%, the highest schedular rating available, due to uncontrolled symptoms despite continuous treatment.

The Board has remanded the case for further action on two issues: whether the creation of a debt in the amount of $59,361.75 for educational benefits is valid and entitlement to waiver of overpayment of the debt.

The Veteran's claims for initial compensable evaluations for left and right leg shin splints prior to September 21, 2016 have been granted.,Both the claim of an evaluation in excess of 20 percent for left leg shin splints since September 21, 2016, and the claim of an evaluation in excess of 20 percent for right leg shin splints since September 21, 2016, are remanded.

The Veteran's chronic laryngitis is granted as secondary to her service-connected cervical spine disability. The claim for a rating in excess of 10 percent for the cervical spine disability is denied due to the Veteran's failure to report for an examination.