Other conditions decisions — 2010

The Board has determined that the appellant's claim for an effective date prior to February 28, 2006 for the establishment of permanent incapacity for self support was not properly filed and thus cannot be granted.

The Veteran is not entitled to reimbursement for educational assistance benefits as the tests were taken more than one year prior to her application, and there are no exceptions to the filing requirements.

The Veteran's son took a GMAT test in December 2005, which is more than one year prior to January 9, 2007. Therefore, the claim for reimbursement of educational assistance benefits for this test is denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Ochsner Medical Center Westbank from February 17, 2007 to February 27, 2007 was denied because he did not meet the requirement of receiving VA treatment within the 24-month period preceding the emergency care.

The Board has remanded the case for further examination and readjudication due to an inadequate medical opinion in the previous decision.

The Veteran's claim for increased compensation for a dependent prior to September 4, 2002 has been dismissed due to the death of the appellant.

The Veteran's request for reimbursement of unauthorized medical expenses incurred at the Tahlequah City Hospital from March 14, 2008 to March 18, 2008 was denied as he did not meet the criteria under VA regulations.

The Board denied the Veteran's claim that the evaluation assigned for his bilateral nutritional amblyopia, which was secondary to deficient diet suffered while a prisoner of war (POW), by rating decision dated June 1948, was clearly and unmistakably erroneous.

The Veteran's appeal for service connection for colon cancer has been dismissed due to his death.

The Veteran's fibrocystic breast disease is manifested by pain and tenderness in each breast, warranting a 10 percent initial rating.

The Veteran's service-connected varicose veins of the left and right legs with deep vein thrombosis have been granted a 20% rating effective June 2, 2009.

The Board has remanded the case due to incomplete medical records and the need for further development regarding where the Veteran was at the time of his death.

The Veteran's claim of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for bilateral lower extremity paraplegia resulting from a spontaneous epidural hematoma is dismissed as service connection has been granted.

The Veteran's appeal is remanded for additional development, including obtaining VA medical records and scheduling a dental examination to determine the current severity of his service-connected fractured left jaw residuals.

The Veteran's claims for service connection for bilateral eye disability and a rating in excess of 10 percent for residuals of a right ankle sprain with chip fracture were denied. The Board found no evidence to support the Veteran's claim for service connection, as there is no competent medical evidence linking any current eye condition to his military service.

The Veteran's hair loss, sleep disorder, and irritability have been attributed to known clinical diagnoses (androgenic alopecia, adjustment disorder with anxious mood) that were not present during service or within the years immediately following service.,Service connection for these conditions is denied as they are not related to his military service.

The Veteran's residuals of a shell fragment wound to the left thigh are rated at 40 percent, effective prior to July 3, 1997. The Board found that his muscle injuries involve Muscle Group XIII and XIV in the same anatomical region, both classified as moderately severe.

The Veteran's claim for reimbursement of medical expenses incurred from November 27 to December 1, 2006 is denied as he has not established service connection for any disability and the requirements for reimbursement under VA regulations are not met.

The Veteran's appeal for apportionment of his VA compensation benefits was denied as the criteria for an apportionment have not been met at any point during the appeal period.

The Board has determined that the Veteran's low back disability is not related to service and has denied his claim.