Other conditions decisions — 2019

The Veteran's service-connected psychiatric condition, to include an unspecified trauma and stressor related disorder, has resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. However, this does not meet the criteria for a higher evaluation.

The Board denied a compensable disability rating for service-connected rhabdomyolysis, finding that the condition has only manifested as occasional fatigue and pain over the entire period on appeal.

The Board has determined that the Veteran's emergency laparoscopic cholecystectomy on January 12, 2016 was necessary due to an emergent nature of his symptoms and that a VA facility was not feasibly available at the time. Therefore, payment or reimbursement for the medical services provided by MLAC is granted.

The Veteran's appeals for an increased rating for right eye vision loss disability and TDIU are being remanded due to the VA system not processing his request to participate in RAMP.

The Veteran's spouse, L.J., and his daughters, S.J. and A.J., were added as dependents to his VA disability compensation effective July 3, 2013. The addition of the Veteran's daughter, J.J., as a dependent was granted on December 29, 2014.

The Veteran's appeal is remanded due to the need for additional development of evidence, including obtaining VA telephone or administrative records from Okeechobee CBOC and West Palm Beach VAMC regarding prior authorization and treatment stability.

The Board found that the termination and reduction of nonservice-connected death pension benefits were proper, as the Appellant's income exceeded the maximum annual pension rate (MAPR) for a surviving spouse with no dependents.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's right eye pterygium. The claim will be returned for further review.

The Board denied the Veteran's claim for a waiver of recovery of an overpayment of additional Department of Veterans Affairs (VA) compensation benefits for her dependent spouse, T., in the amount of $5,856.90 due to lack of financial hardship and against equity and good conscience.

The Board found that the Veteran's discharge from service with an under honorable conditions (general) discharge prevented her eligibility for Chapter 33 Post-9/11 GI Bill educational benefits, resulting in a valid overpayment. The appeal is denied.

The Veteran's stomach cancer is being remanded for additional development, including obtaining private treatment records and providing a supplemental opinion by an examiner. The claim will be reconsidered based on the new evidence.

The Board has determined that remand is needed to address the Veteran’s contentions and consider the medical articles submitted in support of his claim for service connection for Alzheimer's Disease.

The appeal was dismissed because the appellant died during the pendency of her appeal, and thus the Board has no jurisdiction to adjudicate the merits of this case.

The Board has remanded the cases for further development due to the need for VA examinations and additional medical records.

The Veteran's Dependents Educational Assistance (DEA) benefits were awarded effective November 1, 2015. The Board found that the appellant timely elected a commencement date of November 1, 2015 for his DEA benefits and granted an effective date of November 1, 2015.

The Board denied service connection for a skin disorder and multiple myeloma, finding that the preponderance of evidence did not support these claims.

The Veteran's bilateral inguinal hernia, which is well supported by a truss and readily reducible, has been granted an initial rating of 20 percent prior to August 24, 2015.

The Board found that the termination of non-service-connected disability pension benefits and overpayment determination were proper based on the Veteran's incarceration for a felony conviction.

The Board has decided to remand the case due to insufficient verification of exposure to contaminated water at Camp Lejeune during active service, which is necessary for proper adjudication of the claim.

The Veteran's claim to reopen service connection for residuals of a right hip injury (claimed as pulled pelvic joint) is granted. Service connection for this condition is denied.