Other conditions decisions — 2011

The Veteran was found to be permanently and totally disabled, but the appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35 due to her age at the time of her father's disability determination.

The Board has determined that a Travel Board hearing is needed to address the appellant's claim for apportionment of the Veteran's benefits on behalf of their minor child. The case will be returned to the RO for further action.

The Board found that the appellant's prolonged unauthorized absence and desertion constituted willful and persistent misconduct, which barred him from receiving VA benefits.

The Veteran's left foot disorder, diagnosed as onychomycosis and arthritis of the left 1st metatarsophalangeal joint, was first manifested many years after service. The preponderance of evidence is against a finding that it is related to service.

The Board has determined that the termination of death pension benefits due to excessive income was proper, and thus denied the appellant's claim.

The Veteran's claim for service connection for a left arm disability is being remanded due to the need for additional records from Camp Atterbury.

The Board denied the Veteran's request for an earlier effective date for service connection of spondylolysis with scoliosis and prominent levoscoliotic curvature centered at L3-4, finding that no evidence was provided to support a reopening of his prior claim in 1971.

The Veteran is in need of regular aid and attendance due to his service-connected disabilities, including residuals of shell fragment wound (SFW) to the right thigh with atrophy of the right lower extremity, which includes foot-drop, limited motion of the knee and ankle, and paralysis of the common peroneal nerve. The Board finds that he is unable to function in an appropriate manner without supervision and assistance.

The Veteran's appeal was dismissed due to his death.

The appellant's claim for the one-time payment from the Filipino Veterans Equity Compensation Fund is denied as her husband did not have a pending claim at the time of his death and therefore does not meet eligibility criteria.

The Veteran's claim for a higher housing allowance under the Post 9/11 GI Bill was denied because she is enrolled at the University of Kansas in Lawrence, Kansas. The housing allowance should be based on the MHA for Lawrence, not the MHA for Overland Park where she attends classes.

The Board finds that the Veteran's unauthorized medical expenses for emergency treatment at St. Clare Hospital on March 27, 2010 were reasonable and necessary due to a prudent layperson expectation of health hazard from delay in seeking care, with no feasible VA alternative.

The Veteran's service-connected residuals of a nasal fracture are not manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, and thus do not meet the criteria for a compensable evaluation.

The case is being remanded for further development, including a genitourinary examination and clarification of the examiner's opinion regarding the service-connected left varicocele.

The Veteran's right and left foot hallux valgus/bunions were found to be less than severe, with no equivalent to amputation of the great toe. The disabilities are rated as noncompensable under Diagnostic Codes 5280 and 5284.

The Veteran's service-connected disabilities have effectively precluded him from using his lower extremities without the aid of a wheelchair, meeting the criteria for specially adapted housing.

The Board denied the appellant's claim for nonservice-connected death pension benefits because her income exceeded the maximum allowable amount.

The Veteran's degenerative changes of the bilateral hands, hips, knees, and feet were evaluated at a noncompensable rating prior to January 23, 2010. As of January 23, 2010, his right hip was rated as 10 percent disabling, while his left hip remained at a noncompensable rating.

The Board denied the appellant's claim for a higher disability rating for benign prostatic hypertrophy with dysuria, finding that his condition warranted only a 20 percent disability rating from April 1, 2010.

The Veteran's right leg varicose veins have not been manifested by persistent ulceration or subcutaneous induration, and the current rating of 40 percent adequately reflects his disability.