Other conditions decisions — 2019

The Board has decided to remand the case due to a lack of evidence to determine if the Veteran's current left hip disorder is related to service. The Veteran will need to undergo a VA examination to provide this information.

The Veteran withdrew his appeal for the purchase of a pool/spa lift chair, massage chair, and heavy-duty rollator under the independent living services program.

The Veteran's muscle injuries have increased in severity, and he is unable to work more than 50 yards. He testified that his leg gives away resulting in falls and was unable to perform household chores. The case is remanded for a new VA examination to determine the current severity of his service-connected left lower extremity injury to muscle groups XIII and XIV and left tibia injury to muscle groups XV and XVII, and referral to the Director, Compensation Service for extraschedular consideration.

The Veteran's death was caused by cancer of the larynx, which may be related to his Vietnam service. The Board has remanded for further development including obtaining the Veteran's personnel records and verifying his service in Vietnam.

The Board denied the Veteran's claim for service connection for left and right hand and arm pain, finding that there was no evidence linking current symptoms to active duty.

The Veteran's RLS was granted a 10% disability evaluation from June 17, 2013 through September 25, 2018. The appeal for an initial compensable rating prior to June 17, 2013 and for a higher than 10% rating after September 26, 2018 was denied.

The Veteran's child, M.E.R., is seeking recognition as her helpless child due to permanent incapacity for self-support prior to reaching age 18. The Board has ordered the VA to obtain all relevant records from Social Security Administration (SSA) and provide a medical opinion on whether M.E.R. was permanently incapable of self-support before reaching the age of 18.

The Veteran's TDIU and peripheral neuropathy of the lower extremities were granted, along with a 10 percent evaluation for ablation therapy and pacemaker implantation. The decision also awarded accrued benefits to his surviving spouse.

The Veteran's claim for reimbursement of unauthorized non-VA medical expenses at East Texas Medical Center on October 11, 2013 is remanded due to the lack of VA records and authorization documents.

The Veteran's unauthorized medical expenses for emergency treatment at SSM Health St. Mary’s Hospital on March 31, 2018 are approved because his condition was emergent and VA facilities were not feasibly available.

The Veteran's claim for education benefits under the Post-9/11 GI Bill is denied because her character of discharge was not an honorable one, which is a requirement for eligibility.

The Veteran's overpayment claim was denied because the creation of the debt was valid, and recovery would not be against equity and good conscience.

The Board has decided to remand the case due to insufficient consideration of whether the Veteran's lung disorder is aggravated by his service-connected chronic rhinosinusitis. The case will be returned for further clarification and an addendum opinion on this issue.

The Veteran's son, R.W. III, is receiving SSA disability benefits and the VA needs to obtain his complete SSA records for consideration in this case.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's in-service hospitalization for rheumatic fever and its residuals. The Veteran needs a VA examination to determine if he has current residuals of an illness that had its onset during service.

The Veteran did not serve during a period of war, thus he does not meet the eligibility criteria for death pension benefits.

The Veteran requested to withdraw his appeal for service connection of a neurobehavioral disorder, leading to the dismissal of this case.

The Veteran's death was not caused by a service-connected condition. The Board has remanded the claim for further development to obtain relevant SSA records.

The Board denied the Veteran's appeal as the overpayment of VA compensation benefits was properly created due to her failure to notify VA of her divorce, resulting in an erroneous award.

The Veteran's lymphedema, right and left lower extremities, is rated at 40 percent for the entire period on appeal. The claimant does not meet criteria for a higher rating as his symptoms do not include persistent ulceration.