Other conditions decisions — 2019

The Veteran's emergency appendectomy at Mercy Medical Center was covered by her non-VA insurance, but she had to pay a copayment and coinsurance. The VA has now agreed to cover the remaining expenses (coinsurance) incurred from September 16 to 17, 2016.

The Board dismissed the issues regarding the validity of a debt created by removing the Veteran's former spouse, R., and denied effective dates for adding his spouse A. and child Z. to his VA disability compensation award.

The Veteran's left shoulder disability, which includes a post-operative fracture and degenerative joint disease, is currently rated at 20 percent. The Board finds that the evidence does not support an increase in this rating.

The Board has granted service connection for stomach cancer, which is a soft-tissue sarcoma, due to exposure to herbicide agents during active duty. The Veteran's military records confirm his foreign service in Vietnam and he provided credible evidence of herbicide agent use at the location where he served.

The Board denied the Veteran's claim for service connection for a skin disability, claimed as basal cell carcinoma, due to lack of evidence linking his current condition to his military service or herbicide agent exposure.

The Veteran's VA compensation benefits were reinstated from the date they were suspended, effective August 31, 2018.

The Board denied the Veteran's claim for Special Monthly Compensation (SMC) for loss of use of his left foot, finding that his left lower extremity disability did not result in loss of use of a foot.

The Veteran's claims for increased ratings for right and left foot disabilities were denied. However, a separate 10% rating was granted for metatarsalgia.

The Veteran's appeal regarding the ratings for bladder incontinence and fecal incontinence and constipation has been dismissed as he does not contest these assigned ratings.

The Board has dismissed the Veteran's appeal as he did not elect to use the Appeals Modernization Act (AMA) framework for his claim, and thus the Board does not have jurisdiction over this matter.

The Board has decided that the Veteran's Barlow's Syndrome may be considered a congenital defect, and they need to determine if it was aggravated by service or if it existed prior to service.

The Veteran's waiver request for the overpayment of VA dependency benefits was granted due to undue hardship and lack of fraud, misrepresentation or bad faith on his part.

The Board has remanded the case due to inadequate examination regarding the etiology of the Veteran's bilateral eye disorder, which is related to his service-connected diabetes mellitus, type II.

The Veteran's GI bleed in August 2016 was not caused by VA treatment or negligence, and the cause is unknown.

The Board denied the appellant's claim to be recognized as the Veteran’s surviving spouse for VA benefits purposes, finding that they did not continuously cohabitate until the Veteran's death and their separation was due to fault on both parties.

The Board has granted the Appellant's request for an effective date of March 30, 2018 for death pension with aid and attendance. The decision is based on her intent to file a claim for survivor’s benefits as indicated in the cover letter accompanying her VA Form 21-0966.

The Board denied the Veteran's claims for service connection for cold injury residuals of each hand, including contracture of one finger of each hand, and each foot, including the right great toenail based on a final June 2013 rating decision. The August 2016 rating decision reopened the claim but denied it on the merits.

The Veteran's claim for service connection for loss of use of hands has been reopened due to new and relevant evidence. However, the Board finds that there is no evidence linking his current hand disabilities to his military service or any other condition related to service. As a result, the claim for service connection is denied.

The Veteran's surviving spouse died in November 2016 and was receiving VA improved death pension benefits. The Appellant requested payment of accrued VA benefits for the final medical expenses, but the Board found no such benefits due as there was an overpayment to the surviving spouse.

The Board has remanded the case for a VA examination to determine the nature and etiology of the Veteran's claimed neck disorder, due to his failure to report for an earlier scheduled examination.