Other conditions decisions — 2019

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's bruxism and its relationship to his TMJ disorder or any other diagnosed condition.

The Veteran's claim for an evaluation in excess of 30 percent for service-connected myasthenia gravis is remanded due to the failure to notify him of a scheduled VA examination.

The Veteran's appeal is remanded due to the VA not receiving timely claims for payment or reimbursement of medical expenses incurred from August 30, 2015, to September 8, 2015. The AOJ needs to determine the nature and circumstances of a December 23, 2015, administrative note regarding suspending consideration of reimbursement for his treatment and whether he took action with third parties.

The Veteran's appeals for special monthly pension (SMP) at the housebound and aid and attendance rates have been dismissed due to their death prior to a final decision.

The Board denied an earlier effective date for the assignment of Special Monthly Compensation (SMC) based on housebound criteria, finding that there was no pending claim prior to October 24, 2011 and that entitlement did not arise within the one-year period prior to the date of claim.

The Board has determined that the appellant should be recognized as the Veteran's surviving spouse, but due to a contested claim involving another individual (D.G.L.), the case must be remanded for proper procedural steps.

The Veteran's Department of Veterans Affairs (VA) nonservice-connected pension benefits need to be apportioned on behalf of the appellant. The appeal is remanded due to failure to fulfill specialized contested claim procedures.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's hypertensive vascular disease was aggravated by service. The claim will be returned for further examination and analysis.

The Veteran's death was not recognized as the appellant is not considered his surviving spouse due to her divorce from him, and she did not hold herself out as his wife after their legal separation.

The Veteran's claims for service connection for chronic dry eyes, meibomian gland dysfunction, and photophobia are all denied as they are not related to his service-connected right eye chalazion.

The Veteran's claim for a higher rating for chronic prostatitis was denied prior to April 26, 2018. From that date forward, he received a 40 percent disability rating for the condition. Other claims were remanded.

The Veteran's death was not caused by a service-connected disability.,The appellant did not meet the income requirements for nonservice-connected pension benefits.

The Veteran's initial evaluations for his service-connected chronic left hip sprain with pain are being remanded due to the need for a new VA examination and consideration of the evidence.

The Veteran's spouse/appellant seeks an increase in the amount of the apportionment of the Veteran’s VA benefits. The Board denied her request as granting a higher apportionment would cause undue financial hardship to the Veteran.

The Board dismissed the appeal due to the death of the Appellant, as appellants' claims do not survive their deaths.

The Board dismissed the appeal because the issue of waiver of overpayment has already been resolved by a VA Committee on Waivers and Compromises, and the benefits are now in effect.

The Board has denied the Veteran's claim for service connection for recurrent pneumonia as secondary to his service-connected pulmonary tuberculosis (TB). The Board also remanded the issue of assigning an initial compensable rating for traumatic brain injury (TBI).

The Veteran's cause of death was not service-connected as his cancer did not manifest during or due to military service. The claim for DIC under 38 U.S.C. § 1318 also failed.

The Veteran's cause of death was found to be due to acute myelogenous leukemia, which the Board determined was caused by his exposure to Agent Orange during service. Service connection for the cause of death is granted.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA death pension benefits because her request was not made within the required 180-day period after notification of the indebtedness.