Other conditions decisions — 2019

The Veteran's left eye partial loss of sight and jaw injury (also claimed as fracture), pain, nerve damage, and numbness in chin are due to the carotid artery surgery performed by a first-year resident. The Board finds that VA was negligent for allowing this procedure and remands for an independent medical opinion.

The Board has remanded the case due to inadequate examination and failure to consider favorable evidence.

The Board found that the overpayment of $6,819.65 was properly created due to a failure to inform VA of changes in marital status.

The Veteran's application for nonservice-connected pension benefits due to a brain tumor was granted, and he is entitled to accrued benefits from December 12, 2014 until his death on March [REDACTED], 2015.

The Veteran's claim for an initial compensable rating for his service-connected adenocarcinoma of left upper lung status post-lobectomy is being remanded due to the need for additional development, including obtaining outstanding treatment records and scheduling a VA examination.

The Board is remanding the case to obtain additional records related to the Veteran's active service pay during FY 2016 and to clarify his belief about not having 29 days of drill in that year.

The Board has determined that new and material evidence has been received to reopen the claims of entitlement to service connection for right and left foot disorders. The case is remanded for further development, including a VA examination.

The Board has determined that the Veteran's left shoulder surgeries resulted in additional disability due to carelessness, negligence, or lack of proper skill on the part of VA caregivers. The Veteran is granted compensation under 38 U.S.C. § 1151 for residuals of his left shoulder surgeries.

The Board has remanded the claim for service connection for bilateral lower extremity circulatory system disability, claimed as poor right leg circulation due to an inadequate medical opinion and the need for additional development regarding the etiology of the Veteran's condition.

The Veteran's unauthorized medical expenses incurred during his private hospitalization at Baptist Clay Medical Campus for a TIA were granted payment or reimbursement by VA.

The Veteran's medical expenses at Oregon State Hospital from July 6, 2017 to April 9, 2018 were denied payment due to the hospital being an institution of another government agency (OHA) that had a duty to provide care.

The Board denied compensation for a blood disorder, including myelofibrosis, caused by VA care or treatment in May 2011. The evidence did not support the claim that the Veteran's condition was due to VA care.

The Board has decided to remand the case due to insufficient information regarding the Veteran's service records and court proceedings. The decision will be reconsidered after obtaining additional relevant documents.

The Board has determined that the Veteran's income for 2016 was over the means test threshold, but due to her medical condition and substantial medical bills, she should not be required to pay a copayment for VA healthcare in 2016.

The Board has decided that the appellants' claim for apportionment of the Veteran's VA benefits should be remanded due to a lack of notification and the need for further action.

The Board has remanded the Veteran's claims for macular degeneration and pulmonary fibrosis due to a lack of VA examination, as all McLendon elements have been established. The Veteran was exposed to jet fuel and other toxic substances at Holloman Air Base during service.

The Board has determined that the Veteran served in Vietnam during his active duty, and therefore AL Amyloidosis is presumed to be service-connected due to exposure to herbicide agents.

The Veteran's claim for an earlier effective date for the grant of total disability rating based upon individual unemployability (TDIU) is denied as a matter of law due to it being a freestanding claim and not subject to appeal after a final decision.

The Veteran is entitled to $1,708 per month beginning January 1, 2018 in nonservice-connected pension benefits for a Veteran requiring aid and attendance with one dependent. The income adjustment of Department of Veterans Affairs (VA) nonservice-connected pension benefits based on countable income was incorrect; the Veteran is now entitled to $1,708 per month beginning January 1, 2018.

The Board denied the Veteran's claims for special monthly pension by reason of being housebound and based on need for aid and attendance, finding that he did not meet the criteria for either benefit.