Other conditions decisions — 2019

The claim for service connection for the cause of the Veteran’s death is granted. The appeal for nonservice-connected death pension benefits is denied due to the appellant's income exceeding the maximum annual pension rate.

The Veteran's low back IVDS and arthritis are currently rated at 20 percent, but the Board denied an increased rating as his disability does not meet or approximate criteria for a higher rating.

The Veteran's appeal for a total disability rating based on individual unemployability was granted by the Board of Veterans' Appeals.

The Board found that the grant of service connection for Non-Hodgkin’s lymphoma as due to herbicide exposure in Guam was clearly and unmistakably erroneous, thus severing service connection effective August 1, 2018.

The Board has remanded the case due to procedural issues related to contested claim procedures, specifically involving the Veteran's child receiving DIC benefits.

The Board finds the claim for accrued benefits must be remanded to determine if an adjustment was warranted to J.T.'s improved death pension benefit award based on all evidence at her time of death in September 2016.

The Board denied the Veteran's request for payment or reimbursement of medical expenses due to his decision to seek emergency treatment at a private hospital, as it was not considered an emergency and he could have sought care from VA clinics earlier.

The Board has remanded the cases for further action due to incomplete information and missing records.

The Veteran's claim for an earlier effective date for the grant of service connection for uveitis and SMC based on loss of use or blindness of one eye having only light perception is denied. The Board found that no new evidence was submitted before the finality of previous decisions, and thus, the earliest possible effective dates are April 7, 2011.

The Veteran's appeal for a higher disability rating for bilateral keratoconus was denied as her corrected distance visual acuity is only 20/50 bilaterally, which falls under the criteria for a 10% disability rating.

The Board has reopened the claim of entitlement to compensation under 38 U.S.C. § 1151 for right lower extremity nerve pain and foot drop due to negligent care, but remanded for further development.

The Board denied the application to reopen the claim for accrued benefits due a deceased beneficiary as new and material evidence was not received, and the appellant did not meet the eligibility criteria.

The Board has decided to remand the case due to a need for additional medical opinion regarding whether the Veteran's pre-existing right eyesight loss was aggravated by service.

The Veteran's claim for service connection for myelofibrosis, anemia, splenomegaly, dyserythropoiesis, and erythroid was granted. The Board found that the evidence is at least in equipoise to support service connection due to toxic herbicide exposure.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits. The appeal is denied as there are no legal grounds to award burial benefits.

The appeal of the denial of special home adaptation and specially adapted housing was still on appeal status at the time of the Veteran's death. The case is being remanded to address it as a substitute claimant.

The Board is remanding the claims for new and material evidence regarding four previously denied eye conditions.

The Veteran's spouse submitted a completed application for survivor pension benefits within one year of the intent-to-file-a-claim form, and VA granted the claim with an effective date of November 18, 2016.

The VA terminated DIC benefits due to the appellant's remarriage before age 57, as per VA regulations.

The Board has remanded the case due to new evidence being associated with the claims file, and no waiver of AOJ consideration was submitted. The Veteran's claim for service connection for an eye disability is now pending again.