Other conditions decisions — 2011

The Veteran's nonservice-connected disabilities resulting from a motorcycle accident are deemed to be the result of his own willful misconduct, specifically alcohol abuse. As such, he is not eligible for VA pension benefits.

The Veteran died in January 2007 from a glioblastoma brain tumor. The VA has not provided any evidence linking the cause of death to service or any presumptive exposure basis, and thus accrued benefits are denied.

The appellant's application for accrued benefits was denied as she did not file it within the one-year time limit after the Veteran's death.

The Veteran's claim for a compensable rating for ITP remains pending and requires further development to determine her true platelet counts.

The Veteran's claim for basic eligibility to educational assistance under Chapter 30 of the Montgomery GI Bill was denied as he did not meet the initial mandatory eligibility requirements due to his service starting prior to June 30, 1985.

The Board finds that there is no evidence of a current disability related to the positive tine test, and thus service connection for such cannot be granted.

The Veteran's death was not service-connected, and therefore the appellant is not eligible for additional burial benefits beyond $300.

The Board denied the Veteran's claim for an earlier effective date for service connection of chronic prostatitis, finding that no pending claim existed prior to January 28, 2002.

The Board has determined that additional development is necessary before the claim for payment of unauthorized medical expenses can be adjudicated. The Veteran received treatment at Akron General Medical Center from September 29, 2008 to October 3, 2008 and seeks reimbursement.

The Board has remanded the case for further development due to the need to determine if the Veteran suffers from chronic pain syndrome and whether it is related to service or a service-connected disability.

The Board denied the Veteran's claim for service connection for a disability involving his upper back, head, and neck to include degenerative arthritis due to lack of evidence showing such conditions were incurred or aggravated by military service.

The Veteran's unauthorized medical expenses incurred on March 4, 2010 at Morristown-Hamblen Hospital were denied because he does not have any adjudicated service-connected disabilities and the treatment was not of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous.

The Board found that the appellant was not entitled to an apportionment of the Veteran's VA benefits because the Veteran reasonably discharged his responsibility for supporting their children, who were in her custody.

The Board denied the appellant's request for an extension of her delimiting date for Chapter 35 educational assistance benefits beyond December 16, 2008 due to her turning 31 years old on that date and not meeting eligibility criteria.

The Board found that the Veteran's service treatment records do not indicate any dental trauma or injury, and thus his claim for service connection for dental trauma with tooth loss is denied.

The Board has denied the Veteran's claims for service connection for a stomach ulcer and lung disorder, both of which were previously denied in March 2006. The issues have been remanded to obtain additional evidence and determine whether new and material evidence has been submitted.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected gastrointestinal disability and an opinion on whether his hair loss condition is related to his service-connected disability or not. The Veteran will also be provided with VCAA notification regarding his service connection claim.

The Veteran's unauthorized medical expenses for treatment at Houlton Regional Hospital and Eastern Maine Medical Center are now eligible for payment or reimbursement due to the nature of his injuries and lack of other coverage.

The Veteran claims service connection for herpes simplex B, but the evidence does not support his claim. The Board has ordered additional development to obtain medical records and a VA examination.

The Board has remanded the case for additional development, including obtaining a VA examination and issuing a statement of the case on the TDIU claim.