Other conditions decisions — 2010

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C., chapter 35 due to her reaching the age of 26 before her father's permanent and total disability rating became effective.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the nature and severity of his service-connected residuals of shrapnel wound to the right anterior thigh, muscle group XIV, as well as any left arm fracture secondary to this condition. The claims will be readjudicated after the additional development.

The Board denied the appellant's claim for an effective date earlier than January 26, 2007, for the grant of death pension and special monthly pension based on the need for aid and attendance. The effective date remains at January 26, 2007.

The Board has determined that the Veteran's hairy cell leukemia is related to his exposure to herbicides during service in Vietnam, and thus grants service connection for this condition.

The Veteran's claim for an earlier effective date for a 100 percent rating for his service-connected schizoaffective disorder is denied as the evidence does not show that he met the criteria for a 100 percent evaluation prior to January 18, 2006.

The Veteran's service-connected foot disabilities are productive of severe symptomatology and warrant a 30 percent evaluation, but no higher.

The Board has remanded the case for further development, including obtaining medical records and verifying the Veteran's service in Vietnam. The appellant is seeking benefits under 38 U.S.C.A. § 1805 for his child with spina bifida.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining treatment records.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center in Jacksonville, Florida on July 23, 2008 and August 19, 2008 are approved as they meet the criteria for payment under VA regulations.

The Board denied a waiver of recovery of an overpayment of death pension benefits, finding that the appellant's actions led to the creation of the debt and that recovery would not be against equity and good conscience.

The Veteran's claim for nonservice-connected pension benefits was granted on May 14, 2003, due to his diagnosis of adenocarcinoma of the prostate gland. The effective date is set at this time as it aligns with when he first met the criteria for entitlement.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at private facilities from November 25, 2007 to December 3, 2007 was denied as he had not received VA care within the 24 months preceding the emergency treatment.

The Board has remanded the case to the RO for further proceedings due to incomplete treatment records from the U.S. Naval Hospital in Jacksonville, Florida.

The Board is remanding the case to the RO for further development, including seeking verification of the appellant's claimed service from the U.S. service department and providing the appellant with notice compliant with 38 U.S.C.A. § 5103(a).

The Board has remanded the case due to incomplete service records and outstanding VA/privae medical records. The Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) need to be verified, as well as all available service treatment records and personnel files.

The Board has granted service connection for the Veteran's congestive heart failure with cardiomyopathy and atrial fibrillation, finding that these conditions are due to disease or injury incurred in active service.

The Board denied the Veteran's claims for service connection for left wrist disability, low back disorder, and acquired eye pathology. The claim of bilateral defective vision was also denied as new and material evidence had not been received to reopen it.

The Veteran's claim for waiver of recovery of an overpayment in the amount of $873.59 in educational benefits is granted.

The Board is remanding the case to further develop evidence regarding the Veteran's need for aid and attendance or housebound status due to his service-connected left forearm disability, as well as any non-service-connected disabilities. The decision will be reconsidered based on this additional information.

The Veteran's hidradenitis suppurativa and associated scars are rated at 10 percent, which is the maximum schedular rating available under Diagnostic Codes 7819-7806. The Veteran does not meet the criteria for a higher evaluation as his condition does not affect more than 40% of the entire body or more than 40% of exposed areas.