Other conditions decisions — 2009

The Veteran's daughter, the appellant, is not eligible for Dependents' Educational Assistance Program benefits under Chapter 35 as she reached her 26th birthday before the effective date of her father's permanent and total disability rating.

The Veteran's eligibility for basic educational assistance benefits under Chapter 30, Title 38 United States Code is granted due to her involuntary separation from service for the convenience of the government.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma (claimed as throat cancer) due to exposure to Agent Orange, finding that squamous cell carcinoma is not a listed presumptive disease. The appeal was dismissed.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at a private facility on January 21, 2007. The VAMC denied the claim based on the availability of VA facilities and the determination that VA facilities were feasibly available.

The Veteran's death was not caused by or substantially contributed to by his service-connected cold injury residuals. The cause of death listed on the Certificate of Death is disregarded, and there are no medical records showing any connection between the Veteran's cold injuries and his subsequent health issues.

The Veteran's appeal is being remanded for further development and consideration of the claim for an earlier effective date.

The Board is remanding the case for further development to determine if the Veteran's porphyria cutanea tarda is related to service, including considering his exposure history and medical records.

The Board denied the appellant's claim for an earlier effective date for DIC, finding that the claim was received more than one year after the Veteran's death and more than one year after the liberalizing law regarding presumptive service connection for strokes for former prisoners of war became effective. The effective date assigned is October 31, 2006.

The Board has granted service connection for the Veteran's cold injury residuals of the lower extremities, finding that his current foot manifestations are likely due to his exposure to cold weather during World War II.

The Veteran withdrew his appeal concerning the overpayment of VA education benefits in the amount of $1,627.21.

The Board found that the Veteran's pre-existing personality disorder, diagnosed as 'passive aggressive, passive aggressive type,' manifested by depression, suicidal thoughts, poor impulse control and low frustration tolerance, was not aggravated by service. Therefore, the claim for service connection is denied.

The Board has granted service connection for a liver disability, finding that the Veteran's fatty infiltration of the liver is etiologically related to his Vietnam service and exposure to insecticides/chemicals. The skin disability claim was not addressed as it did not meet the criteria for service connection.

The Board found that the Veteran's trigeminal neuralgia was not caused by or associated with an incident or injury incurred in active service, and denied his claim for service connection.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on January 14, 2006 was denied because the incident did not meet the criteria for emergency treatment.

The Board finds that the Veteran's current loss of vision due to histoplasmosis is causally related to his active duty military service and grants service connection for this condition.

The Board has determined that the Veteran's claim for an earlier effective date for service connection of bilateral retro-patella pain syndrome with degenerative changes is denied as there was no prior final denial of his claim, and the earliest date of receipt of a reopened claim was April 2, 2001.

The Veteran's left shoulder disability, characterized by chronic trapezius muscle strain and bursitis, warrants a 20 percent disability rating effective May 27, 2009.

The case is being remanded for additional development, including obtaining certification of medical services under authority of 38 U.S.C. chapter 17 and seeking VA or other Federal facility records.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses from May 10 to May 13, 2008 was denied because prior authorization was not obtained and the VA Medical Center (VAMC) was not notified within 72 hours of his admission. The Veteran has private health insurance.

The Veteran's appeal is being remanded due to incomplete medical records and the need for a VA examination. The claim will be reconsidered after these issues are addressed.