Other conditions decisions — 2019

The Veteran's claim for service connection for a left middle finger disability is being remanded due to the submission of new evidence that relates to the bases for the prior denial and raises a reasonable possibility of substantiating the claims.

The Veteran's motion alleging clear and unmistakable error in the January 2006 rating decision, which assigned a 30 percent disability rating for his service-connected osteomyelitis of the right femur, is granted. The Board finds that the correct facts were not before the RO at the time, as the medical evidence showed a long history of intractability and debility, along with continuous constitutional symptoms.

The Veteran's appeal for service connection for pulmonary fibrosis has been dismissed due to their death.

The Board has revised its decision to deny a refund of $1,200 contribution to the VEAP and dismiss the claim for a refund of $1,200 contribution to the MGIB. The original decision granted a refund but did not address the MGIB issue.

The Board has remanded the Veteran's claims for service connection for cardiomyopathy with AICD and a rating in excess of 40 percent for ischemic heart disease. The Veteran is seeking higher ratings for his service-connected conditions, specifically IHD and cardiomyopathy with AICD. He also contends that his cardiomyopathy may be related to herbicide agent exposure during active service or secondary to his service-connected IHD.

The Veteran's death was due to dementia, which is not a service-connected condition. The appellant claimed expenses for assisted living as accrued benefits but these were considered unreimbursable medical expenses and thus cannot be reimbursed again.

The Veteran's claim for the highest level of SMC based on need for daily home health care services was denied because his wife, while providing personal care, is not licensed and does not provide such services under regular supervision of a licensed health-care professional.

The Board has determined that the appellant's claim for DEA benefits is inextricably intertwined with her service connection claim for cause of death. The case must be remanded to obtain updated medical records and a VA opinion regarding whether any disability related to service contributed substantially or materially to the Veteran’s death, including if it was due to Agent Orange exposure.

The Veteran's memory loss is not service-connected and the claim for compensation under 38 U.S.C. § 1151 was denied.,There are no service-connected disabilities, thus the TDIU claim was also denied.

The Veteran's daughter, R.H., is not considered permanently incapable of self-support before reaching the age of 18. The Board denied her claim for dependency benefits as a helpless child.

The claim for special monthly compensation (SMC) based on aid and attendance has been remanded due to the failure to issue a Supplemental Statement of the Case after adding VA medical records.

The Board has decided to remand the claims for service connection for inguinal hernia and increased ratings for low back disability due to insufficient evidence. The Veteran will need to provide private treatment records related to his inguinal hernia, and a new VA examination is needed to assess the severity of his low back disability.

The Veteran's child, the appellant, requested Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 but was denied because his eligibility for DEA benefits ended on September 3, 2010.

The Board found that the termination of nonservice-connected pension benefits due to incarceration was proper and a debt in the amount of $51,426.37 was validly created.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, not a minor offense. As such, his discharge is dishonorable for VA purposes, thus denying him VA benefits.

The Veteran has withdrawn his appeal of the denial of nonservice-connected pension benefits.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to new evidence and assertions of additional disabilities, including fasciitis in his right leg and non-Hodgkin’s lymphoma.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Board denied the Veteran's claim for nonservice-connected pension because he did not serve during a period of war, as defined by statute.

The Veteran's appeal for payment or reimbursement of emergency medical services received during his death is dismissed due to the death of the appellant.