Other conditions decisions — 2019

The Veteran's surviving spouse is being asked to provide proof of payment for any unauthorized medical expenses incurred by the Veteran at St. Lukes Boise Medical Center from November 27, 2015, through December 23, 2015. If she paid out-of-pocket, she may have standing to pursue reimbursement.

The appellant's claim for service-connected burial benefits greater than $647.00 was denied as the insurance company paid the full amount of the Veteran’s funeral and burial expenses, making the appellant ineligible to receive such benefits.

The Board denied the Veteran's appeal as the overpayment of VA compensation benefits was properly created due to his failure to notify VA of his incarceration and change in dependency status, leading to an overpayment debt.

The Board has remanded the case due to incomplete documentation and a need for further development regarding the validity of the overpayment debt and the creation of the debt. The appellant must provide updated financial status reports, obtain missing documents, and clarify how the total overpayment was calculated.

The Board has remanded the Veteran's claims for service connection for left and right hand disabilities due to a lack of an opinion regarding whether these conditions are related to his service-connected degenerative arthritis of the cervical spine with radiculopathy.

The Veteran's cause of death was not due to his military service or any service-connected disability. The claim for DIC benefits under 38 U.S.C. § 1318 is also denied as the Veteran did not meet the durational requirement for a total disability rating.

The Board has reopened the Veteran's claim for service connection of a left leg disability and granted it, finding that the evidence is in equipoise regarding whether his current condition is related to military service. The Board also found that his preexisting disability was aggravated by multiple injuries sustained during service.

The Board has denied the Veteran's claims for service connection for various right hand and foot disabilities, finding that there is no evidence of current disability in any of these areas.,Specifically, the Board determined that the Veteran does not have current disabilities involving his right thumb, index finger, long finger, ring finger, or little finger.

The Board has decided to remand the case due to issues with notification and a need for additional evidence, including VA treatment records and an examination. The Veteran's claim will be reconsidered on its merits.

The Veteran's claim for non-service-connected pension benefits was granted in December 2017, and the appeal is dismissed as there remains no case or controversy.

The Veteran's diagnosed AL amyloidosis is presumed to have been caused by his herbicide exposure in service, and the claim for service connection is granted.

The Board denied the appellant's request to extend the delimiting date for Dependents' Education Assistance (DEA) benefits beyond February 25, 2000. The decision was based on the appellant not meeting any of the exceptions under 38 C.F.R. § 21.3041(g).

The Board has remanded the case due to procedural defects and new evidence submitted by the appellant. The claim will be readjudicated based on all available evidence.

The Veteran's daughter, who was over the age of 23 when she filed her claim for Dependency and Indemnity Compensation, is not considered a helpless child due to permanent incapacity for self-support before reaching the age of 18. Therefore, she does not meet the eligibility requirements for death benefits.

The Veteran's competency status was restored for VA benefits purposes due to the evidence showing he is capable of managing his own financial affairs.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of VA death benefits due to her divorce from the Veteran in 1982 and remarriage, which disqualifies her from being considered a surviving spouse.

The Veteran's death was caused by an accidental acute cocaine and ethanol intoxication, not related to service or his service-connected disabilities. The Veteran did not meet the 10-year continuous disability rating requirement for DIC benefits.

The Veteran's surviving spouse is denied because the appellant and the Veteran were divorced, not married at the time of the Veteran's death.

The appeal for basic eligibility for Chapter 33 (Post-9/10 GI Bill) education benefits is dismissed as the Veteran's character of discharge was upgraded to honorable during the pendency of this appeal.

The Board has granted service connection for a bilateral knee disorder, diagnosed as patellofemoral degenerative joint disease, finding that it is related to the Veteran's military service.