Other conditions decisions — 2011

The Board has determined that the Veteran's stepsons (K., K., and K.) were not members of his household at the time of his death, and therefore they cannot be added as additional dependents to the appellant's death pension award.

The Board has reopened the claim for service connection of residuals of schistosomiasis, but denied it due to lack of new and material evidence.

The Board found that the Veteran's service-connected chondromalacia of the right knee does not warrant a rating in excess of 10 percent, as there is no evidence of ankylosis or recurrent subluxation. The current range of motion (extension to 4 degrees and flexion to 97 degrees) does not meet the criteria for higher ratings under Diagnostic Codes 5260 and 5261.

The Veteran's military service does not meet the threshold eligibility requirements for VA pension benefits because it did not occur during a period of war.

The Board found that the appellant was not the legal spouse of the Veteran at the time of his death, as her marriage to him had been legally dissolved in 1993. As a result, she is not eligible for VA death benefits.

The Board has determined that the Veteran's death was caused by his gastrointestinal stromal tumor, which is considered a soft tissue sarcoma associated with exposure to Agent Orange. With resolution of reasonable doubt in favor of the appellant, service connection for the cause of death is granted.

The Veteran's appeal of an earlier effective date for service connection for degenerative changes of the left acromioclavicular joint was dismissed as his claim had been subsumed by a prior Board decision and he did not file a motion for revision based on clear and unmistakable error (CUE).

The Veteran's representative withdrew the appeal for an increased rating for residuals of foreign object removal from left eye (claimed as vision).

The Board has determined that the termination of Chapter 30 education benefits (Montgomery GI Bill) effective February 8, 2009 was proper due to unsatisfactory progress in the educational program.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for residuals of a back injury, as the additional evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's less than honorable discharge bars him from receiving educational assistance benefits under the Post-9/11 GI Bill Program.

The Veteran's unauthorized medical expenses incurred at a private hospital from April 14 to April 16, 2009 were denied as the treatment was not provided within 24 months of his last VA healthcare and no prior authorization for the emergency services was obtained.

The Board has determined that the appellant's annual income exceeds the maximum allowable rate for nonservice-connected death pension benefits since February 1, 2010.

The Veteran's claim for nonservice-connected VA pension benefits is denied as he did not have wartime service and therefore is ineligible for these benefits.

The Board has remanded the case due to incomplete information and need for further examination. The Veteran's skin disorder, including moles, is being reviewed again with a focus on obtaining service treatment records and private medical records.

The Board has remanded the case for additional development due to the need for in-patient treatment records from Scott Air Force Base and further examination of the Veteran's claims.

The Veteran claims additional disability due to a VA procedure on March 27, 2009 for prostate cancer. The claim is remanded for further development including securing medical records and arranging for an examination.

The Board has determined that the Veteran's dental condition is not service connected for compensation purposes due to lack of evidence showing a loss of substance of the maxilla or mandible, and because periodontal disease does not qualify as a compensable disability.

The Veteran's claim for payment or reimbursement of medical services provided by University Medical Center is denied as he received $1000.00 from a third party (homeowner insurance) and has not exhausted all claims against the third party.

The Veteran's testicular cancer was not incurred in or aggravated by service and is not presumed to be due to exposure to herbicides. The claim for direct service connection has been denied.