Other conditions decisions — 2019

The Board is remanding the cases due to procedural issues, including determining whether the Veteran timely filed a notice of disagreement regarding the effective date assigned for service connection and SMC awards. The AOJ must consider if any relevant rating decision became final before or after April 2000.

The Board has decided that additional development is needed for the Veteran's claim of a temporary total evaluation based on convalescence due to post-operative residuals from his bunionectomy. The matter is being remanded for further action.

The Board denied the Veteran's claims of service connection for blindness in the right eye, periorbital cellulitis and abscess, MRSA, and respiratory acidosis. The conditions are diseases that first manifested during a period of inactive duty for training (INACDUTRA) and were not as a result of an injury.

The Veteran's unauthorized medical expenses incurred on May 10, 2015 were reimbursed because the treatment was necessary due to a perceived emergency (a possible heart attack) and VA facilities were not feasibly available.

The Board has remanded the claims for an increased rating for low back pain and radiculopathy, a new psychiatric examination to address secondary service connection, and referral of TDIU claim.

The Board denied an appeal regarding the amount of the apportionment of the Veteran's VA benefits due to a lack of timely notice of disagreement.

The Board has decided to remand the case due to incomplete information regarding the appellant's income and medical conditions, which are necessary for determining her eligibility for VA pension benefits at aid and attendance or housebound rates.

The Veteran's right elbow disability, which includes a ganglion cyst, has not met the criteria for an increased rating in excess of 10 percent. The Board also found that he is not unemployable due to his service-connected disabilities.

The Veteran's claims for reimbursement of medical expenses incurred from May 16 to 17, 2015, at Oak Hill Hospital and on May 18, 2015, at Bayfront Health are denied because she did not receive health care provided or authorized by VA within the 24-month period preceding her treatment.

The Veteran's claim for an increased rating for left thumb disability is denied as the maximum rating of 20 percent has been granted under the applicable diagnostic code.

The Board has remanded the case due to an unsigned medical opinion. The Veteran's attorney has taken exception to this deficiency and the matter is being returned for clarification of the author's name and credentials.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's cervical spine disability, including whether it is related to service or aggravated by his service-connected lumbar spine disability.

The Board has decided to remand the case due to inadequate examination and opinion regarding service connection for residuals of a right hip stress fracture.

The Board has remanded the issue of entitlement to a total rating based on individual unemployability (TDIU) due to incomplete documentation. The Veteran is required to complete and submit a VA Form 21-8940, which was not provided in this case.

The Board's decision from October 2011 is reversed, as there was clear and unmistakable error in denying service connection for a gastrointestinal disorder due to the use of prescribed medication for service-connected disabilities. The Veteran would have been entitled to secondary service connection.

The Veteran's VA benefits were adjusted due to a discrepancy in the payment of her military retired pay and VA disability compensation. The Board is remanded for further review, including consideration of retroactive CRDP compensation.

The Veteran's accrued benefits claim was denied due to the untimely filing of the application. The DIC and survivors pension claim is remanded for further development.

The Board is remanding the case due to unclear dates of conviction for the Veteran's second period of incarceration and a need for clarification on when the overpayment began and ended.

The Veteran's service is not considered qualifying for VA pension benefits because it does not meet the 90-day requirement and there is no evidence of disability incurred or aggravated during ACDUTRA.

The Board has remanded the case due to conflicting evidence regarding the Veteran's marital status at the time of his death, and a need for further investigation into the appellant's claim as the surviving spouse.