Other conditions decisions — 2011

The appellant's request for an extension of her dependent's educational assistance delimiting date beyond December 13, 2008 was denied due to the lack of entitlement under the law. The decision is based on the appellant not meeting all legal requirements for the benefit.

The Board has determined that the Veteran's anal sphincter incontinence associated with rectal fistula, which was previously surgically corrected, is attributable to service and grants service connection for this condition.

The Board denied the appellant's claim for accrued benefits as she is not a dependent child of the deceased widow and there is no evidence that she or her siblings bore the expense of the widow's last sickness and/or burial.

The appellant's annual income exceeds the maximum allowable for a nonservice-connected death pension, as her countable income includes SSA disability benefits and other sources of income.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling an examination to assess the severity of his bilateral knee disability.

The Board has remanded the case for a Travel Board Hearing due to the Veteran's request.

The Board denied the appellant's request to extend her delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, of the United States Code, beyond June 25, 2009, as it is prohibited by law due to the general bar on extensions of delimiting dates beyond a child's 31st birthday.

The Veteran's claim for additional educational assistance under the Post-9/11 GI Bill was denied as he has already received a maximum allowable aggregate of 48 months of benefits.

The Veteran's claim for more than 48 months of combined VA education benefits is denied as the law does not allow for such a benefit given his existing entitlement.

The Veteran's claim for an effective date prior to January 12, 2010, for the grant of special monthly compensation based on aid and attendance was denied as there is no evidence that he required daily personal health-care services in his home before this date.

The appeal has been dismissed due to the Veteran's death.

The Board has granted the Veteran's request for a waiver of recovery of an overpayment of Chapter 31 vocational rehabilitation benefits in the amount of $1,229.70 due to VA's failure to timely adjust the Veteran's benefits despite adequate notice of his change in enrollment.

The Veteran's claim for payment or reimbursement of medical services provided by Munroe Regional Medical Center is granted as the criteria under 38 U.S.C.A. § 1725 and 38 C.F.R. §§ 17.1000-1002 have been met.

The Board has determined that new and material evidence has been received to reopen the previously denied claim of entitlement to recognition as the surviving spouse of the Veteran for VA purposes.

The Veteran's decreased sensation in the right lower extremity has resulted in mild incomplete paralysis of the sciatic nerve, warranting a 10% rating.,The Veteran's shin splints of both legs have not resulted in any clinically diagnosed disability or impairment that would justify an increased rating.

The Veteran's unauthorized medical expenses incurred at MRMC on January 13, 2010 are denied as the services were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The Veteran's claims for service connection are being remanded due to the need for further development, including a VA examination. The issues include bilateral myopia and left eye retinal detachment as well as depression secondary to these conditions.

The Board finds that the Veteran does not have a current right finger or thumb disability, and there is no chronic in-service injury or symptomatology. Therefore, service connection for these conditions cannot be granted.

The Veteran's initial evaluation for diffuse fibrocalcific lung disease with pleural apical thickening was granted at a 30 percent rating from October 25, 2002 to September 30, 2009. For the period since October 1, 2009, his disability remains rated at 30 percent.

The claim of service connection for vitiligo was previously denied in December 1964 due to the condition being considered a congenital disorder. New evidence received since January 1996 did not provide new and material information that could reopen the claim.