Other conditions decisions — 2019

The Veteran seeks educational benefits payable at a rate in excess of 70 percent under Chapter 33. The Board finds remand necessary to obtain relevant records and clarify the evidence of record regarding the Veteran's service.

The Board has found that the Veteran is not currently entitled to presumptive service connection for hepatic steatosis under 38 C.F.R. § 3.309 (f) due to exposure to contaminated water at Camp Lejeune, but a remand is required for further examination and medical opinion regarding his claimed hepatic stenosis.

The Veteran's claim for a TDIU effective date earlier than July 29, 2011 is being remanded to determine if extraschedular consideration is warranted due to his service-connected disabilities.

The Veteran's service is not considered active military, naval, or air service during a period of war, thus denying eligibility for nonservice-connected pension.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses has been dismissed as the Veteran requested withdrawal prior to a decision being made.

The Veteran's claim for TDIU was denied because he did not provide the necessary information and forms requested by VA to complete his application.

The Veteran's claim for payment or reimbursement of the cost of medical services received at Morton Plant Hospital (MPH) in Clearwater, Florida on September 15, 2013 is denied because a VA facility was feasibly available to provide the care and an attempt by the Veteran to use the Bay Pines VAMC ER would have been considered reasonable.

The Veteran's appeal was granted as VA accepted her revocation of an election to receive Post-9/11 GI Bill benefits in lieu of MGIB program benefits, allowing her to exhaust remaining MGIB benefits and obtain additional 12 months of education assistance.

The claim for service connection for the cause of death is remanded due to the need for additional development, including obtaining treatment records and verifying remarriage status. The Board also requests a medical opinion on the etiology of the Veteran's cause of death.

The Board has granted an apportionment on behalf of the Appellant of the full VA disability compensation benefits not paid to the Veteran during his incarceration, due to her reported individual need and income deficit.

The Veteran's surviving spouse applied for and received special monthly pension based on the need for aid and attendance. The appellant, as the surviving spouse's adult daughter, sought accrued benefits due to her mother's death. However, the appeal was denied because she did not meet the definition of a 'child' for purposes of eligibility for accrued benefits.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's ovarian cancer was related to her military service, and thus grants the claim for service connection on substitution grounds.

The Veteran's service-connected Crohn's disease resulted in a surgery requiring more than one month of convalescence, which qualifies for a temporary total disability rating. The rating is granted from July 24, 2013 to September 3, 2013.

The Board denied DIC benefits under both sections 1151 and 1318, finding that the Veteran's death was not caused by VA care or treatment.,The claim to reopen service connection for the cause of the Veteran's death was also denied due to lack of new and material evidence.

The appeal has been dismissed due to the death of the appellant, and no eligibility for educational assistance is granted.

The Board has remanded the case due to insufficient compliance with its May 2018 expert medical opinion request and a need for additional VA treatment records. The Veteran's ischemic colitis is being evaluated in relation to his service-connected hypertension, but there is no evidence of herbicide exposure or other presumptive conditions.

The Board denied the Veteran's claim for service connection for an eye disability / visual impairment, including monofixation syndrome, finding that his condition was due to a congenital defect and not caused or aggravated by military service.

The Veteran's death was caused by sepsis due to or as a consequence of hepatic abscesses and hepatocellular carcinoma, which is presumed to be related to his in-service exposure to herbicide agents. The appeal for DIC benefits is dismissed as moot.

The Veteran's service-connected temporomandibular articulation is granted a 30 percent rating, as his inter-incisal range is limited to 11 to 20 millimeters with painful motion beginning at that point.

The Board denied the claim for burial benefits due to the service member's discharge under other than honorable conditions, which bars VA benefits. The appellant has no legal entitlement to VA benefits, including burial benefits.