Other conditions decisions — 2019

The Board has remanded the case due to the need for additional VA treatment records and a supplemental statement of the case.

The Board has remanded the claim due to additional evidentiary development being needed, including a VA medical opinion. The Veteran's back surgery is at issue.

The Board has denied a compensable evaluation for the Veteran's right fifth proximal phalanx fracture. The AOJ is required to issue an SOC regarding whether the adjustment of VA benefits for the purposes of recoupment of separation pay in the amount of $2,526.35 was proper.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's cause of death was related to his service-connected malaria.

The Board found that the Veteran is entitled to 100% educational assistance benefits due to his service-connected disabilities and that the overpayment of VA educational assistance benefits was improperly created, thus dismissing the appeal.

The Board has remanded the issues of severance for service connection for degenerative disc disease of the thoracolumbar spine, degenerative arthritis of the cervical spine, and generalized anxiety disorder. The Veteran's Barrett’s esophagus is also being remanded for a new VA examination to determine its relationship to his military service.

The Board has denied the Veteran's claim for service connection for bilateral jungle rot as there is no evidence to support a link between his current condition and his military service.

The Veteran's request for a waiver of debt due to an overpayment of VA pension benefits was timely filed, and the case is being remanded for further adjudication.

The Veteran's surviving spouse, who was receiving VA benefits, incurred medical expenses before her death. The appellant filed for accrued benefits six days after the payee's death, which is not within one year of the death and thus denied.

The Board has determined that the case must be returned to the RO for consideration of the merits based on new evidence, as the appellant and the Veteran were likely still married at the time of his death.

The Veteran's unauthorized medical expenses incurred at a non-VA hospital due to an emergency condition are reimbursed by VA, as the treatment was necessary and no other reasonable alternatives were available.

The Board has added new medical evidence to the Veteran's claims file and is remanding both increased rating for spine disability and total disability rating for individual unemployability due to the addition of relevant evidence.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's right eye condition, specifically whether it is related to service or a superimposed disease during service.

The Veteran's claim for service connection for foot conditions (hammer toes, hallux valgus, and loss of longitudinal arch), to include as secondary to bilateral foot calluses, has been reopened. The Board finds that the evidence received since the June 2003 rating decision is new and material, thus reopening the claim. However, the Veteran's service connection for foot conditions remains remanded due to insufficient evidence linking her current foot conditions to her service-connected bilateral foot calluses.

The appeal is about entitlement to DIC as the Veteran's surviving spouse, but procedural issues have been identified and need to be addressed.

The Veteran did not have qualifying wartime service for nonservice-connected death pension purposes, so the claim is denied.

The Veteran's service during the Vietnam War meets the threshold criteria for nonservice-connected death pension benefits. The appellant, who continuously cohabitated with the Veteran until his death in 2013 and whose income did not exceed the maximum annual pension rate, is eligible for these benefits.

The Veteran's claim for retroactive educational assistance benefits prior to June 2, 2008 is denied as the effective date of approval for his on-the-job training program with ICE was June 2, 2008.

The Board denied service connection for left base of the tongue cancer, finding that there is no evidence linking the condition to active service or herbicide exposure.

The Board denied service connection for left eye pseudophakia from cataract, loss of vision in the left eye, and gynecomastia, secondary to androgen deficiency. The reasons given were that there was no evidence linking these conditions to service or any exposure to radiation.