Other conditions decisions — 2019

The Board has determined that there was no pending claim for accrued benefits at the time of the Veteran's death, and thus denied the veteran's request for such benefits. The issue of concurrent payment of DIC and SBP is remanded due to concerns about proper due process protections.

The Veteran's surviving spouse was awarded aid and attendance allowance, which included retroactive benefits. The Appellant requested additional accrued benefits but the VA determined that only $22,689 was owed due to a miscalculation by CAFH. As the Appellant is not considered a child for accrued benefits purposes, he is denied further benefits.

The Veteran's cause of death was liver cancer, which is not presumed to be related to his military service. The Board has ordered additional development to determine if the liver cancer is related to herbicide exposure in Vietnam.

The Veteran's claims for increased evaluations for his right-hand disability are being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeal for an effective date prior to May 4, 2008 for a total disability rating based upon individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board denied the appellant's request for an extension of her Post-9/11 GI Bill benefits beyond July 6, 2015, finding that she had exhausted her entitlement by July 6, 2015. The decision is based on VA adjusting the date of exhaustion due to changes in credit hours and tuition fees.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) was dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's claim for reimbursement of medical expenses incurred at a private hospital on February 23, 2014 is granted because her symptoms were severe enough that she could not drive herself to the VA facility and it was unreasonable to expect her to do so.

The Appellant's claim for accrued benefits was denied because it was not filed within one year of the Veteran's death, and there were no pending claims at the time of his death.

The Veteran's eye disability, including chronic allergic blepharoconjunctivitis, chronic episcleritis, and premature cataract formation, is being remanded for further examination to determine the current severity of his service-connected disabilities. Additionally, his claim for TDIU is also being remanded due to the inextricability with his eye disability rating issue.

The Veteran's claims for increased ratings for his service-connected shell fragment wounds to the right hip and chest are being remanded due to the need for additional development, including an examination.

The Veteran's daughter, who is an adult and not a dependent child at the time of his death, does not meet the criteria for accrued benefits as defined by VA regulations. The Board denied her claim because she did not meet the definition of 'child' in the statute and failed to provide evidence that she paid any funeral or burial expenses.

The Board denied claims for accrued benefits based on the Veteran's death and his surviving spouse, finding that the Appellant did not meet the requirements to file such a claim due to lack of timely filing.

The Board denied the Veteran's claim for an earlier effective date for the award of nonservice-connected pension, finding that the preponderance of evidence did not support such a change.

The Board has remanded the case for additional development regarding service connection for the cause of the Veteran's death and accrued benefits. The appeal is not about service connection at all.

The Veteran's service-connected left eye cataract and right eye incipient cataract are currently rated at 10 percent. The Board has remanded the case to obtain additional private treatment records before deciding if a higher rating is warranted.

The Veteran's claims for earlier effective dates for patellofemoral syndrome of the bilateral knees are denied as there is no evidence indicating an intent to reopen her claim prior to March 8, 2016.

The Board denied service connection for a left eye disability, finding that the Veteran's current disabilities are not related to his in-service head injuries and other events. The evidence did not support a link between any of the diagnosed conditions and service.

The Board has reopened the Veteran's claim and determined that his preexisting left hip disorder was aggravated during service, granting service connection for a left hip disability.

The Board has remanded the claims for service connection for bowel and bladder disorders, as secondary to a previously service-connected oophorectomy. The VA is instructed to obtain missing treatment records from various VA facilities.