Other conditions decisions — 2010

The Veteran's claim of reopening his previously denied peptic ulcer disease service connection is being remanded for additional development.

The Board has determined that the appellant does not have qualifying military service for nonservice-connected disability pension benefits, and thus his claim cannot be reopened.

The appellant is not entitled to recognition as the Veteran's surviving spouse for purposes of VA benefits due to her divorce from the Veteran prior to his death and lack of continuous cohabitation.

The Board has determined that the appellant's request for a waiver of overpayment was not timely, and therefore denied her claim.

The Board finds that the Veteran's medical emergency during his appendectomy at Tahlequah City Hospital from July 22 to July 26, 2007, met the criteria for reimbursement of unauthorized medical expenses.

The Veteran's application for educational assistance benefits was not received by VA until October 10, 2008, which is more than one year after he began his On-the-Job training program. As a result, the claim is denied as it does not meet the legal requirements for retroactive education benefits.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code is denied as his eligibility period has expired and there is no evidence that he was prevented from initiating or completing a chosen program of education due to physical or mental disabilities.

The Veteran's hip disabilities have been granted, with the right hip receiving a higher rating than the left hip. The effective date for these ratings is not specified.

The Veteran's Osgood-Schlatter disease of both legs is currently rated as noncompensable, but the Board has granted a 10% rating for each leg.

The Veteran's adenoid cystic cancer, with metastasis is service connected as due to herbicide exposure (Agent Orange).

The VA denied the Veteran's claim for payment or reimbursement of medical expenses incurred at a private hospital due to lack of prior authorization and because the treatment was not for an adjudicated service-connected disability.

The Veteran's claims for an increased evaluation for intervertebral disc syndrome and TDIU were remanded by the Court. The Board is required to remand the Veteran's claims for development consistent with the Court's remand order, including obtaining a VA examination.

The Board has remanded the case for further development and consideration of the appellant's claim of entitlement to service connection for avascular necrosis (AVN) of both hips and femoral heads, including a review by an orthopedist to determine the nature, onset date, and etiology of his claimed bilateral AVN.

The Veteran's right knee disability, characterized by a fracture with chondromalacia, is currently rated at 10 percent. The evidence does not support an increase in the rating beyond this level.

The Veteran's initial claim for a higher rating for his erythema multiforme with herpes simplex was denied. The RO granted service connection and assigned an initial noncompensable rating, which was subsequently increased to 30 percent effective August 12, 2004.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at Erie County Medical Center on July 24, 2008. The case is remanded to determine if prior authorization was provided by VA and whether the treatment was part of an authorized follow-up.

The Veteran's left hand grip weakness, evaluated as paralysis of the ulnar nerve, was rated at 30 percent since December 29, 2009. A separate 10 percent rating for ankylosis of the left index finger is granted effective from December 29, 2009.

The Board denied the claim for service connection for cause of death, finding that there was no direct or secondary service connection based on the Veteran's service-connected conditions.

The Board found that new and material evidence had been submitted, allowing the Veteran's previously denied claim to be reopened. The Board also determined that his current disability was incurred in active military service.

The Board has remanded the case due to missing records and a need for further development. The appellant's claim for DIC benefits remains pending.