Other conditions decisions — 2019

The Board denied the claim for accrued benefits in excess of $1,300 as there was no evidence showing that the appellant bore any unreimbursed expenses for the Veteran's burial or final sickness.

The Veteran's right sixth rib deformity with tender scar and post-thoracotomy syndrome is currently rated at 20 percent, but the Board found that this rating was appropriate based on the evidence of record.

The Veteran's service connection claim for multiple myeloma is granted due to exposure to herbicide agents during his time at U-Tapao Royal Air Force Base in Thailand.

The Board has determined that the appellants are entitled to receive proceeds from the Veteran's NSLI policy based on the Veteran's intent to remove J.B. as a beneficiary and appoint his children as contingent beneficiaries.

The Board found the creation of an overpayment of Chapter 33 (Post-9/11 GI Bill) housing allowance benefits in the amount of $4,677.44 to be valid and denied the benefit sought on appeal.

The appeal for the proceeds of the Veteran's National Service Life Insurance policy has been dismissed due to the death of the appellant.

The Veteran's claim for a higher level of payment of educational assistance benefits under the Post-9/11 GI Bill is remanded due to incomplete information and verification of his service periods.

The Board has remanded two issues: service connection for a groin disability to include epididymitis and service connection for sleep apnea. The Veteran's current complaints of groin pain are related to epididymitis, but the relationship to his active duty service is unclear. For sleep apnea, VA needs to schedule an examination to determine if it is at least as likely as not related to in-service trouble sleeping.

The Veteran's death did not affect the appellant's eligibility for Dependents' Educational Assistance (DEA) under Chapter 35. The appellant turned 26 in June 2013, which is his delimiting date for benefit eligibility. He was not enrolled in a course of study at that time and had no active duty or involuntary National Guard service during his period of eligibility.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's ear disability, including itching and increased ear serum. The Veteran needs a VA examination to determine if these conditions are related to his military service.

The Veteran's death was not service connected, but the appellant personally incurred costs related to his funeral and cremation. The claim for nonservice-connected burial benefits is granted.

The Veteran's appeals for a higher rating and TDIU have been dismissed as he has withdrawn his appeal.

The Board denied payment or reimbursement of medical expenses incurred on November 17, 2014, at Sarasota Memorial Hospital due to the Veteran's delay in seeking immediate medical attention and the availability of a VA facility.

The Board granted payment or reimbursement of medical expenses incurred at Memorial Hospital Jacksonville on August 11, 2015, due to the Veteran's condition being an emergency and VA facilities not being feasibly available.

The Board denied DIC benefits under 38 U.S.C. § 1151 because the Veteran's death was not proximately caused by VA care, and there was no evidence of negligence or lack of proper skill in diagnosing or treating his esophageal cancer.

The Veteran seeks a waiver of the overpayment of Post 9-11 GI Bill (Chapter 33) education benefits in the amount of $3404.55 due to financial hardship. The decision is remanded as VA needs updated information on the Veteran's current financial status.

The Veteran's TDIU has been granted and is still in effect. The AOJ proposed to terminate the award, but as of now, it remains intact.

The Veteran's death was caused by myelodysplastic syndrome and acute myelogenous leukemia, which the Board found were related to his exposure to Agent Orange during service. As these conditions are presumed due to Agent Orange exposure, the claim for service connection is granted.

The appellant's claim for accrued benefits is denied as she does not qualify as a recipient of such benefits and the preponderance of evidence is against her claim.

The Veteran's cause of death was determined to be due to alcoholic liver disease, which the Board found at least as likely as not to have been incurred during service. Service connection for the cause of death is granted.