Other conditions decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding the onset of the Veteran's insomnia disorder during service. A new VA examination is needed to determine if there is a link between the Veteran's current condition and his military service.

The Board denied the appellant's claim for accrued benefits as she is not a child of the Veteran and did not bear any expenses related to his last sickness or burial.

The Board has decided to remand the case due to insufficient development of evidence, particularly regarding whether the veteran's current spinal stenosis is related to his service or preexisted it. The examiner's opinion needs clarification on these points.

The Board has granted special monthly pension based on the need for aid and attendance, as well as death pension with special monthly pension due to countable income. The appellant is found to be in need of regular aid and assistance from another person, and her assisted living costs are considered unreimbursed medical expenses reducing her countable income.

The Veteran died in a motor vehicle accident due to willful misconduct, and therefore DIC benefits are denied.

The Veteran died in February 2013 and the appellant filed for burial benefits. The Veteran was not receiving VA compensation at the time of his death, nor did he have an original or reopened claim pending. The Board found that the criteria for nonservice-connected burial benefits were not met.

The Veteran's right thigh limitation of flexion and femur fracture limitation of extension are currently rated as noncompensable. The issues regarding the right thigh impairment (abduction) have not been addressed yet due to a remand.

The Veteran's son, D.T., may be receiving SSA disability benefits. The VA needs to obtain the complete SSA records for D.T. and associate them with the claims file before deciding on the recognition of D.T. as the helpless child of the Veteran.

The Veteran's surviving spouse was awarded death pension and aid and attendance benefits. The surviving spouse died in April 2016, but the VA discontinued her benefits effective the month prior to her death. The appellant seeks reimbursement for the month of April 2016, but there is no legal entitlement to accrued benefits.

The Veteran's appeal on the eligibility for automobile and adaptive equipment or adaptive equipment only is dismissed due to his death.

The Board has remanded the case due to insufficient evidence regarding the coccyx disorder, including whether it is related to service. The Veteran's DD214 indicates he served in the U.S. Army Reserve and was transferred to a unit after his period of active duty.

The Veteran's death was not related to service, and the appellant's claim for nonservice-connected burial benefits is denied due to untimeliness.

The Veteran withdrew his appeals for increased ratings for retinal vasculitis associated with central nervous system vasculitis and Barrett’s esophagus.

The Veteran and the appellant established a common law marriage for at least one year prior to the Veteran's death, and they had no knowledge that Florida did not recognize such marriages. The Board granted recognition as the surviving spouse of the Veteran for the purpose of establishing entitlement to VA death benefits.

The Board has determined that further development is necessary to determine the Veteran's eligibility for Post-9/11 GI Bill educational benefits under Chapter 33, Title 38, of the United States Code. The records are incomplete and need to be supplemented with relevant service personnel records.

The Board has determined that the Veteran's costochondritis is related to her service and granted her claim for service connection.

The Board has decided to remand the case due to an error in determining the Veteran's service dates, including drill pay and reduction in benefits for those days.

The Board has remanded the case due to issues related to whether the Veteran is competent to handle his own financial affairs. The appeal does not involve service connection.

The Board has determined that additional development is needed to determine if the Veteran's current left hip disorder is related to his service-connected left ankle and whether it was aggravated by any service-connected disability. The examiner must also provide an opinion regarding the relationship of the left hip disorder to congenital Ehlers-Danlos Syndrome.

The Board denied the appellant's claims for survivors pension benefits and cause of death due to her spouse having a character of discharge under dishonorable conditions.