Other conditions decisions — 2020

The Board has decided to remand the claims for service connection for the cause of the Veteran’s death and DIC benefits under 38 U.S.C. § 1318 due to the need for additional development, including a medical opinion on whether the Veteran's service-connected disabilities were a principal or contributory cause of his death.

The Veteran's service-connected furuncle with MRSA is rated at 30 percent disabling, and the Board finds that it does not warrant a higher evaluation as his condition does not affect more than 40 percent of the entire body or exposed areas, nor requires constant systemic therapy.

The Board denied the Veteran's claim for medical reimbursement at WVU Hospitals due to lack of preauthorization and because VA facilities were feasibly available, and there was no evidence of a medical emergency requiring immediate care.

The Veteran is seeking payment or reimbursement for unauthorized expenses incurred at Pocono Medical Center from May 6 to May 7, 2016. However, the record does not include these medical records. The Board has ordered a remand to seek these records.

The Board denied the Veteran's claim for service connection for bilateral cataracts, finding that there was no evidence linking his current condition to active duty service or to diabetes mellitus type II.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's aching joints, and additional development is needed.

The Veteran's claim for a higher evaluation for right deltoid muscle strain was denied as the evidence did not show limitation of motion to midway between side and shoulder level or worse, which would warrant a rating in excess of 20 percent.

The Board has ordered a new examination to determine if the Veteran's current gastrointestinal disability, including GERD and gastritis, is related to his service. The previous examiner did not consider all relevant medical evidence, such as private medical opinions and post-service treatment records.

The Veteran's appeal for service connection of a right elbow disability has been dismissed due to the death of the appellant during the pendency of the appeal.

The Board has granted service connection for left foot hallux valgus, finding that the condition had its onset during the Veteran's active duty.

The Board has decided that a VA examination is needed due to conflicting medical records and the Veteran's service in the Persian Gulf. The examiner will determine if the Veteran has an inner ear or neurological disorder, its etiology, and whether it is related to his service.

The Board denied service connection for a stomach condition with diarrhea and rectal bleeding, finding that the Veteran's current symptoms are not related to his in-service problems.

The Board has granted the appellant's recognition as the surviving spouse of the Veteran, based on continuous cohabitation and holding themselves out as husband and wife since at least 2001.

The Board found that the termination of survivor pension benefits prior to April 1, 2016 and creation of an overpayment for such benefits was improper. However, the termination of survivor pension benefits since April 1, 2016 and creation of an overpayment of such benefits was proper.

The Board denied service connection for left inguinal hernia, finding that it was not incurred in or related to service and is not due to a service-connected disability.

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

The Board has remanded the cases for further development due to the Veteran's failure to attend scheduled VA examinations. The issues of service connection for bilateral hand arthritis and residuals of a right arm fracture are being returned to the RO for additional development.

The Veteran's cause of death was listed as respiratory failure and end stage disability. The Board denied the claim for service connection for cause of death because there is no evidence that a service-connected disability caused or contributed to his death. The claim for dependency and indemnity compensation under 38 U.S.C. § 1318 was also denied due to the Veteran not meeting the criteria for total disability rating for at least 10 years prior to his death.

The Veteran's claims for service connection for the cause of his death and burial benefits were granted in July 2020, thus dismissing these appeals.

Your appeal to reopen the determination that your service character is a bar to VA benefits has been dismissed. The Board found no decision was made on the merits and thus there is no case or controversy.