Other conditions decisions — 2019

The Veteran's right hand disability is remanded for a VA examination to determine the etiology of his symptoms and whether they are related to service.

The Board has determined that the Veteran's initial period of active duty for training (IADT) should be excluded from his eligibility for Chapter 33 education benefits. The case is being remanded to clarify the nature and validity of his service in the Army National Guard, including any periods under a call or order to active duty.

The Veteran is entitled to reimbursement of $1,565 for the computer networking certification tests he completed in November and December 2016.

The Veteran's adult son is denied accrued benefits in excess of $5,460.00 as the appellant does not meet the legal requirements for such benefits.

The Board dismissed the appeal due to the appellant's death, as appeals on the merits do not survive their deaths.

The Veteran died in a drowning accident and was buried in January 2014. The appellant filed for nonservice-connected burial benefits, but the claim was denied as there were no service-connected conditions at the time of death.

The Veteran's private hospitalization at St. Luke’s Elmore on September 30, 2017 was for a nonservice-connected disorder and the AOJ denied payment or reimbursement due to untimeliness of claims.,The Veteran alleges prior authorization from his VA primary care doctor for his private medical services and outpatient procedure at St. Alphonsus Medical Group and St. Alphonsus Regional Medical Center on November 15th-16th, 2017. The AOJ denied this claim.

The Board has granted service connection for a TMJ disorder, finding that the Veteran's PTSD exacerbates his bruxism/TMJ symptoms. The decision is based on credible and competent evidence showing that the Veteran's current bruxism/TMJ is at least partially due to his service-connected PTSD.

The Veteran's appeal for recognition of his child(ren) as a helpless child due to permanent incapacity for self-support prior to age 18 was denied because the Veteran did not provide any information indicating that his children were permanently incapable of self-support by reason of mental or physical condition at the time they turned 18.

The Board denied reopening the Veteran's previously denied claims of entitlement to service connection for bilateral leg disabilities due to lack of new and material evidence.

The Veteran's appeal for SMC based on the need for aid and attendance was dismissed due to his death, as the Board has no jurisdiction to adjudicate the merits of the appeal.

The Board has remanded the claim for a total disability due to individual unemployability (TDIU) as it was not fully addressed in the previous decision. The AOJ is required to obtain any outstanding private and VA treatment records, forward the case to the Director of Compensation Service for extraschedular consideration, and adjudicate the TDIU claim.

The Board denied the appellant's claim to recognize her deceased spouse as a veteran for VA death benefits due to insufficient evidence of service, despite receiving new information and verification from the Department of the Army.

The Board has decided to remand the case due to the need for a medical assessment to determine the nature and cause of any current left eye disabilities, including visual impairment.

The Veteran's cause of death is due to pneumonia, which was linked to his service-connected myelodysplastic syndrome. The Board finds a remand necessary for additional development regarding the Veteran’s exposure at Marine Corps Base Camp Lejeune.

The Veteran's atherosclerotic cardiovascular disease is currently rated at 30 percent after March 3, 2016. The Board found that the evidence did not support a higher rating as there were no episodes of acute congestive heart failure or left ventricular dysfunction with an ejection fraction of 30 to 50 percent.

The Veteran's son, R.G., is not considered permanently incapable of self-support since his eighteenth birthday due to mental or physical defects.

The Veteran's cause of death, metastatic lymphoma, is presumed to be related to his in-service herbicide exposure in Vietnam.

The Veteran's appeal has been dismissed due to their death, and no jurisdiction remains for the Board to consider the merits of the case.

The Veteran withdrew all his pending claims, and the appeal is dismissed.