Other conditions decisions — 2019

The Board denied the appellant's claim for CHAMPVA benefits from March 1, 2015 to August 31, 2015 due to her not being enrolled in Medicare Part B during that period.

The Veteran's esophageal cancer is presumed to be due to exposure to contaminated water at Camp Lejeune during his service, and the Board has granted service connection for this condition.

The Veteran's surviving spouse did not file a claim for accrued benefits within one year of the Veteran's death, resulting in the denial of the claim.

The Board denied the Veteran's claim for service connection for left earache as there is no evidence of a separate disability related to his in-service injury, and the symptoms are attributed to an already service-connected condition.

The Board denied an apportionment of the Veteran's VA compensation benefits to his estranged wife due to her not demonstrating financial hardship and that the Veteran was reasonably discharging his responsibility for her support.

The Veteran's appeal was denied as recovery of the overpayment would not be against equity and good conscience.

The Veteran's death was not service-connected, and therefore he did not meet the criteria for burial benefits.

The Board has ordered a remand to obtain an opinion from a cardiologist regarding whether the Veteran's death was caused or contributed to by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The matter will be further reviewed and decided.

The Veteran's esophageal web is rated at a separate 30 percent effective July 17, 2013. The gastrointestinal disability prior to September 4, 2013 is rated at 10 percent; from July 17, 2013 to September 4, 2013 is rated at 30 percent; and beginning September 4, 2013 is not entitled to a higher rating.

The Veteran's urinary incontinence was rated at 40 percent prior to August 23, 2017, and increased to 60 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Board has granted accrued benefits for unreimbursed burial expenses, effective from January 28, 2013. The appellant is entitled to the amount of $1069.00 plus any additional costs not previously covered.

The Veteran's biological father served in the Republic of Vietnam, but there is no evidence that the appellant has spina bifida or any other form of birth defect. The claim for benefits under 38 U.S.C. § 1805 and 1815 is denied.

The Veteran is not eligible for additional compensation benefits for a dependent stepchild because she did not notify the RO of her stepchild's school attendance until more than one year after the student was no longer considered a stepchild.

The Board has determined that the overpayment of DIC benefits was not properly created and valid as of June 12, 2003. The debt will be recalculated and reconsidered.

The Veteran's heart disability was not caused by VA treatment, and the Board found that discontinuing his medication did not result in additional disability.

The Veteran's service is not considered to be during a period of war, thus denying their claim for VA nonservice-connected disability pension benefits.

The Veteran's B cell lymphoma of the lungs is not active and there are no residuals that can be rated under another diagnostic code, so a compensable rating is denied.

The Board has determined that the appellant is entitled to reimbursement for expenses she paid on behalf of her deceased mother's last illness, including assisted living facility (ALF) fees and funeral expenses. The decision also grants accrued benefits.

The Board has remanded the issue of the Appellant's entitlement to payment of VA improved death pension benefits on and after April 1, 2013 due to a retroactive award of DIC benefits.

The Veteran's initial compensable rating for a left thumb and ring finger disability is denied. A 10 percent rating from February 1, 2012 onwards for his right great toe disability is granted.