Other conditions decisions — 2010

The Veteran's claim for special monthly compensation based on the need for aid and attendance is being remanded due to uncertainty regarding whether his dementia, which he claims is related to his service-connected disability, qualifies him for this benefit.

The Veteran died of acute lymphocytic leukemia, but there is no evidence linking this condition to his military service. The Board finds that the appellant's claims for service connection are not supported by credible evidence and thus deny these claims.

The Veteran's claims for service connection for esophageal cancer and an initial compensable rating for bilateral hearing loss have been dismissed due to his death.

The VA has determined that the appellant's compensation benefits were reduced due to his status as a fugitive felon from November [redacted], 2004 to April [redacted], 2006. The Board is requesting further explanation for this determination.

The Board denied compensation benefits under 38 U.S.C.A. § 1151 for additional disability of the left eye, decreased vision in the left eye due to cataract extraction surgery performed at a VA medical facility. The claim was denied as there was no evidence that the VA's care caused the Veteran's additional disability.

The Board has remanded the case due to the need for an examination of N.V. to determine her condition at age 18 and whether she was permanently incapable of self-support.

The appellant's claims for non-service connected death pension benefits and accrued benefits are denied as the Veteran's service does not qualify him for these benefits.

The Veteran's claim for an extension of the delimiting date beyond June 22, 2007, for education benefits under Chapter 30, Title 38, United States Code was denied as there is no legal entitlement to such benefits.

The Board denied the appellant's eligibility for DIC as a surviving spouse of her deceased husband due to lack of valid common law marriage prior to their actual marriage in June 2006.

The Board has determined that the Veteran does not have a current diagnosis of right hip bursitis and therefore, service connection for this condition is denied.

The Veteran's daughter, who had reached her 26th birthday before the Veteran died, is not eligible for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C., chapter 35.

The Board denied an earlier effective date for additional compensation benefits based on the Veteran's spouse and two dependent children, finding that no earlier effective date than July 1, 2007 is assignable due to a one-year timeframe requirement.

The Veteran's service-connected herniated discs at L5-S1 and L4-5 do not meet the criteria for a rating in excess of 20 percent, as her range of motion does not warrant such an increase.

The Board denied the claim for service connection for cause of death and the application to reopen the claim for nonservice-connected death pension benefits. The appellant's husband died from an ulcer, but there is no evidence linking this condition to his military service.

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred at Mercy Anderson Hospital due to lack of prior authorization and failure to meet all criteria under 38 U.S.C.A. § 1725.

The Board has granted a 30 percent rating for the Veteran's service-connected endometriosis, effective from June 20, 2005.

The Veteran is seeking service connection for gastrectomy residuals, which he claims are secondary to his service-connected arteriosclerotic with hypertensive cardiovascular renal disease and right nephrectomy. The Board has decided that a VA examination is needed to determine if the gastrectomy was indeed secondary to the nephrectomy.

The Veteran's claim for educational assistance benefits under Chapter 30 is denied as VA did not receive an application within a year of his pursuit of the training, and retroactive payment is not allowed.

The Board has remanded the case for further development and consideration, including obtaining VA treatment records from 2006 to present and private medical records related to the Veteran's feet. The Veteran is also required to report for a VA podiatry examination to determine the nature, extent, and etiology of any residuals of his left foot fracture.

The Board has determined that the unauthorized medical expenses incurred at a private hospital on July 29, 2008 were rendered in a medical emergency of such nature that delay would have been hazardous to life or health and are therefore eligible for payment.