Other conditions decisions — 2019

The appeal for service connection of a neck condition is dismissed. The claim for service connection of myocardial infarction is remanded.

The Board granted payment or reimbursement for medical expenses incurred on October 20, 2015, at Doctors Hospital due to the Veteran's emergency condition of right lower extremity swelling and superficial phlebitis and thrombophlebitis. The decision was based on the Veteran's reasonable expectation that delay in seeking immediate medical attention would have been hazardous to his health.

The Veteran's claim for conversion of Chapter 34 Vietnam Era GI Bill benefits to current Chapter 30 MGIB or Chapter 33 Post-9/11 GI Bill education assistance was denied as he is not eligible for these benefits due to lack of continuous active duty service.

The Board has remanded the case due to the need for additional evidence and a VA examination.

The appellant's income exceeds the maximum allowable for nonservice-connected death pension benefits, resulting in denial of her claim.

The Veteran's unauthorized medical expenses incurred during a non-VA hospitalization at St. Vincent’s Medical Center from April 5, 2015 through April 13, 2015 are now covered by VA, with the exception of any copayment or deductible owed by the Veteran under his Medicare Parts A and B insurance plan.

The Veteran's death benefits claim was denied because the appellant and the Veteran were not legally married for at least one year prior to the Veteran’s death, and there is no evidence of a common law marriage.

The Veteran's son is granted accrued benefits for expenses he paid towards his mother's assisted living care, totaling $9,504.

The Board has determined that the creation of the overpayment debt is an issue to be resolved before considering the waiver request. The Veteran must first resolve whether the debt was properly created, including any disputes about its amount.

The Veteran's eye disorder, diagnosed as blepharoconjunctivitis, is related to in-service exposure to herbicide agents and service connection for this condition has been granted.

The Veteran's service connection claims for bilateral eye disabilities, including nuclear sclerotic cataracts, keratitis sicca, and hypertensive retinopathy are denied.,The Veteran's claim for an initial rating higher than 50 percent for migraine headaches is denied. The Veteran's pseudofolliculitis barbae (PFB) claims have been granted with a 30% rating before July 9, 2009 and a 10% rating on or after that date.

The Veteran's appeal for Chapter 33 education benefits at a rate higher than 70 percent is denied as his service from September 6, 2011 to October 17, 2013 qualifies him for the 70 percent rating.

The Veteran's appeal of a rating in excess of 10 percent for left patellofemoral syndrome has been dismissed as there is no case or controversy regarding this issue.

The Veteran's skin condition, which is presumed to be service-connected due to his adrenal insufficiency from steroid treatment, has not met the criteria for a higher rating under the provisions of 38 U.S.C. § 1151.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's claimed exposures during service, particularly related to ionizing radiation and electromagnetic fields as an electrician’s mate.

The appellant's claim for accrued benefits was not received within one year of the death of her mother, who had previously been granted a Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1151. The appellant submitted her claim in December 2016, more than one year after her mother's death.

The Board denied the claim for service connection for ischemic cardiomyopathy as caused by schistosomiasis, finding that there was no evidence linking the two conditions.

The Board found that the Veteran's compensation benefits should not have been terminated from August 24, 2010 to August 23, 2011 due to a warrant for fraudulent activities and did not indicate flight or escape. The benefits were reinstated accordingly.

The Board has remanded three issues related to service connection for various foot and hand conditions, as well as a claim for an initial compensable rating for residuals of a fracture of the right second toe. The Veteran's claims are pending further examination and/or development.

The Board dismissed the appeal for nonservice-connected death pension benefits as the appellant's representative withdrew the appeal.