Other conditions decisions — 2010

The Board has determined that the Veteran's cause of death, urinary tract infection with bacteremia, was not related to military service. The appellant's claims for DIC benefits and accrued benefits are denied.

The Board found that the Veteran did not have a factual loss of use of a creative organ prior to December 6, 2004 and denied his claim for an earlier effective date.

The Board finds that the dental trauma is not related to any incident of service or any service-connected disability, and thus denies the claim for service connection.

The Veteran's claim for an increased rating for his fungal infection of the hands and feet was granted, with a 10 percent rating effective December 7, 2004.

The Board has determined that new and material evidence has been received to reopen the claim, and as a result, the character of discharge is no longer considered a bar to VA compensation benefits.

The Board has remanded the case for additional development due to inadequate notice provided to the appellant regarding service-connected conditions and information needed to substantiate a DIC claim.

The Veteran's monthly VA disability pension benefits were reduced due to his receipt of Social Security Administration (SSA) benefits, which increased his countable income. The reduction was proper as it did not exceed the maximum annual pension rate.

The Veteran's claim for an earlier effective date for additional compensation for dependents and dependent children was denied as there is no legal entitlement to such benefits.

The Veteran's claim is being remanded due to the need for VCAA notice, additional evidence, and a VA mental disorders examination.

The Veteran's skin disorder and swollen joints were not shown to be present during service or caused by a disease or injury in service, including exposure to herbicides. Therefore, the claims for service connection are denied.

The Veteran's appeal for reimbursement of unauthorized medical expenses was dismissed due to his death during the pendency of the appeal.

The Veteran's son does not have spina bifida, which is the only birth defect that qualifies for benefits under 38 U.S.C. Chapter 18 due to herbicide exposure in Vietnam.

The Board has determined that the Veteran's free-floating bone chip in the right heel with a right heel spur is related to his military service and grants service connection for this condition.

The Board has decided to remand the case due to incomplete records, including an autopsy report and terminal hospital treatment records. The appellant's claim for service connection for cause of death is pending.

The Veteran's spouse is not eligible for Dependents' Educational Assistance benefits under the provisions of 38 U.S.C. Chapter 35 due to failing to meet the criteria for an extension of the delimiting period.

The Veteran's claim for service connection for throat cancer is being remanded due to the need for additional development, including obtaining Social Security Administration records and a VA examination.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Verdugo Hills Hospital on June 16, 2006 is granted as the condition was an emergency requiring immediate attention.

The Board denied the claim of CUE in the March 19, 2003 rating decision for failing to address a claim for bilateral ankle arthritis. The Veteran appealed the denial with respect to the low back and knees but not the ankles.

The Veteran's request for a waiver of recovery of an overpayment of Chapter 30 educational assistance benefits in the amount of $3,021.42 was denied due to his current financial status showing expenses exceeding income and not basic necessities. The case is REMANDED for the submission of a current financial status report.

The appellant is not eligible for additional educational assistance benefits under Chapter 30 as a matter of law due to the nature of his commission and participation in the ROTC program.