Other conditions decisions — 2019

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at NEC Odessa Emergency Center on July 3, 2016 is granted due to the nature and circumstances of his chest injury with difficulty breathing.

The Veteran's spouse is denied death pension benefits as her income exceeds the maximum allowable rate for a surviving spouse with no dependents.

The Board has remanded the case due to VA's failure to obtain all relevant treatment records, particularly those from 1968-1975. The Veteran needs these records to support his claim for an earlier effective date.

The Board has remanded the case due to new evidence submitted by the Veteran, and it is up to the RO to consider this new evidence before making a decision.

The Veteran's appeal is being remanded for further action regarding claims for payment or reimbursement of medical services provided at Beebe Medical Group Walk-in Care and prescription medication from Walgreens Pharmacy.

The Board denied the Veteran's former spouse's request for an apportionment of his VA benefits on behalf of their child, R.S., finding that she had not demonstrated financial hardship and thus did not meet the criteria for a general or special apportionment.

The Board denied a compensable rating for the Veteran's right inguinal hernia residuals, finding that his condition does not meet the criteria for any higher evaluation under Diagnostic Code 7338.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU). The Board dismissed the case as a result.

The Veteran's adjustment disorder with depressed mood is found to be proximately due to his service-connected right knee disability, and the Board grants service connection for this condition. The issue of service connection for left ventricular hypertrophy with atrial fibrillation remains pending.

The Board denied the Veteran's claim for service connection for an eye condition, finding that there was no diagnosed disability and thus no basis to grant service connection.

The Veteran's claim for a higher rating for bilateral pinguecula is remanded due to the need for additional evidence and consideration of updated VA criteria.

The Board denied recognition as the Veteran's surviving spouse for purposes of entitlement to DIC, pension, and accrued benefits due to a lack of continuous cohabitation from the date of marriage until the Veteran's death.

The Board denied the Veteran's claims for service connection for right total hip replacement and left foot drop, finding that new and material evidence had not been received to reopen these claims.

The Board denied the Veteran's claim for service connection for bilateral hip strain as secondary to his service-connected spine condition, finding that there was no evidence showing a causal relationship between the two conditions.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board found that the overpayment in Post-9/11 GI Bill educational assistance benefits was valid and denied the appeal.

The Board has decided to remand the case due to incomplete service treatment records, specifically those from Offutt Air Force Base or an unidentified medical facility in Crete, Nebraska. The AOJ is instructed to obtain these records and provide the Veteran with another opportunity to authorize VA to obtain any relevant information.

The Veteran's service-connected pleural plaque is being remanded for a new VA examination to assess the current severity of his condition.

The Board has remanded the case due to a duty to assist error and for a new VA examination.

The Board has granted a waiver of recovery for the overpayment of pension medical expenses, finding that it would result in undue hardship and violation of equity and good conscience.