Other conditions decisions — 2008

The veteran's claims for service connection for myelodysplasia and leukopenia are being remanded due to the need for additional evidence regarding radiation exposure during service.

The Board denied the veteran's claim for an earlier effective date for nonservice-connected disability pension benefits, finding that the earliest date of entitlement was May 13, 2005.

The veteran's appeal for educational benefits under Chapter 30 was denied because she did not meet the basic eligibility requirements due to her discharge or release from active duty for convenience of the government.

The veteran's death was not service-connected, and therefore, he did not meet the criteria for VA burial benefits. The claim is denied.

The veteran's appeal is being remanded for additional development due to the need for VCAA notice and compliance with specific regulations regarding educational assistance under Chapter 30, Title 38, United States Code.

The Board found that the appellant does not have qualifying military service to establish basic eligibility for VA nonservice-connected disability pension benefits.

The Board has remanded the case due to further development being necessary, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that the veteran does not have current residuals of bilateral cold injury of the feet, and thus service connection cannot be granted.

The Board denied the veteran's claims for service connection for benign essential tremor of the right arm and peripheral neuropathy, finding no evidence linking these conditions to his military service or presumed Agent Orange exposure.

The Board determined that new and material evidence had not been received to reopen the appellant's claim for revocation of her rights to VA benefits, except insurance benefits, under 38 U.S.C.A. § 6103(a).

The claim for service connection for the cause of death was denied due to lack of evidence linking the cause of death to service. The DIC benefits claim was also denied as there is no evidence showing the veteran would have been entitled to a total disability rating at any point prior to his death.

The appellant is being paid the maximum monthly amount for Dependency and Indemnity Compensation (DIC) with additional aid and attendance benefits, which is $1,290. The appeal to receive a higher payment is denied as per VA regulations.

The Board denied the appeal, finding that the retroactive reduction of payment of Dependents' Educational Assistance benefits was proper as there were no statutory or regulatory provisions allowing for retention of educational assistance benefits for classes not attended.

The Board found that the veteran's skin disorder is not related to his service-connected psychiatric disorder and denied his claim.

The Board has determined that the appellant is eligible for VA educational assistance under Chapter 1606, Title 10, United States Code.

The veteran's claim for payment or reimbursement for unauthorized medical services provided by University of Missouri, University Hospital is denied because a VA facility was feasibly available to provide the necessary care.

The veteran's squamous cell carcinoma of the hypopharynx is presumed to be related to his exposure to Agent Orange in service. However, a VA examination is needed to determine if this condition is etiologically related to his military service.

The Board found that the veteran's condition did not meet the criteria for payment or reimbursement of unauthorized medical expenses incurred at Middlesboro Appalachian Regional Hospital on January 1, 2004. The treatment was not rendered in a medical emergency and VA facilities were feasibly available.

The veteran's emergency foot injury was not considered an emergency medical condition, and thus the claim for payment or reimbursement of non-VA facility services is denied.

The Board has reopened the veteran's claim for service connection for residuals of a surgical procedure for a rectal cyst and granted service connection based on continuity of symptomatology after discharge.