Other conditions decisions — 2019

The Board denied continued entitlement to Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code as the appellant is no longer considered an eligible person for DEA benefits due to her divorce from the Veteran.

The Board previously assigned a 10 percent rating for the Veteran's residuals of right ilium fracture. The claim is being remanded to determine if a higher disability rating is warranted.

The Board has remanded the Veteran's claims for service connection and increased rating for his left knee disabilities due to insufficient examination reports, lack of proper exposure basis documentation, and need for new evidence. The Veteran is also required to provide any outstanding medical records.

The Board has denied the Veteran's claim for service connection as edema in her lower extremities, finding that there is no evidence to support a link between her current condition and her military service.

The Board has remanded the Veteran's claims for service connection and increased rating for mechanical low back pain, as well as his claim for a torn right bicep. The issues include whether the Veteran's right bicep tear is proximately due to or aggravated by his service-connected back disability.

The Board found that the Veteran's overpayment of VA compensation benefits was not properly created due to concurrent receipt of military retired pay and disability compensation, and thus granted the appeal.

The Board has remanded the case due to the need for a VA examination to determine if any neurologic disability of the bilateral upper extremities is related to service or his service-connected thoracic spine strain.

The Veteran's medical expenses incurred from May 10 to May 23, 2015 at New Hanover Regional Medical Center are granted as the treatment was for an emergency condition and he received VA health care within the 24-month period preceding the furnishing of such emergency treatment.

The Board has decided to remand the case due to a duty-to-assist error regarding the Veteran's incarceration dates, which may affect his TDIU claim.

The Board has determined that there has not been compliance with the procedural regulations for a contested claim, and additional development is needed to determine if S.C.C. continues to receive SSA benefits after his child support was terminated.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed below.

The Veteran's lung disability, including granulomata, is related to his asbestos exposure during service. However, the VA examiner could not provide a clear opinion without mere speculation due to lack of medical records and incomplete information about symptoms since service.

The Board has determined that the VA examination provided is inadequate and requires additional information to determine if the Veteran's sinus condition is related to service. The examiner did not address the Veteran's lay statements regarding continuity of symptoms.

The Veteran's service-connected glandular hypospadias with meatal stenosis, status post meatotomy is remanded due to the need for a new VA examination as his condition has worsened.

The Veteran's claim for nonservice-connected pension benefits was denied because he failed to provide necessary financial information, including income and medical expenses data, which prevented the VA from determining his eligibility.

The claim for nonservice-connected burial benefits was denied due to an untimely application, as the appellant filed her application more than two years after the decedent's cremation.

The Veteran withdrew his appeal regarding service connection for degenerative joint disease of the left hip and right hip before a decision was made.

The Veteran's pension benefits were granted as his income did not exceed the maximum annual pension rate.

The Veteran's death was due to hospice care provided by a VA-contracted organization, meeting the criteria for nonservice-connected burial benefits and a plot allowance.

The claim for nonservice-connected burial benefits was denied due to an untimely application.