Other conditions decisions — 2011

The Veteran's claim for service connection for pancreatic carcinoma, status-post Whipple procedure and chemotherapy, with hepatic metastasis as a result of exposure to herbicides is being remanded due to the need for a Travel Board hearing.

The Board determined that the Veteran does not meet the legal criteria for recognition as a former POW for VA purposes and denied his claims for service connection for heart disorder, right knee disability (including osteoarthritis), peptic ulcer disease, and inguinal hernia.

The Veteran's claim for additional allowance for school attendance of his dependent child over the age of 18 was denied as he did not file a formal or informal request within one year from her 18th birthday, and she had already graduated high school.

The Board found that partial waiver of overpayment in the amount paid to the Veteran during the time period extending from October [redacted], 2002, to June 30, 2006, is warranted due to his failure to timely advise VA of his divorce and remarriage.

The Veteran's claim for service connection for essential thrombocythemia has been denied as there is no evidence linking the condition to his active military service. The claim for an increased evaluation for loss of lung capacity has also been denied, with the RO having granted a noncompensable evaluation in September 2008 and subsequently increasing it to 10 percent effective June 16, 2008.

Service connection for a sinus condition and bilateral eye disability has been denied.,Effective dates of service connection have been granted for left ear hearing loss, right ear hearing loss, and perforated left tympanic membrane with chronic otitis media.

The Board determined that the character of the appellant's discharge for his military service from October 1966 to April 1970 is a bar to status as a veteran, thus preventing him from receiving VA benefits.

The Veteran's widow submitted a claim for Dependency and Indemnity Compensation (DIC) in July 2008, more than one year after the death of her husband. The effective date assigned was August 1, 2008.

The Veteran's right foot disorder is not manifested by moderately severe impairment, to include limitation of motion.,The Veteran's service-connected prostatitis associated with epididymitis is manifested by urinary frequency with awakening to void three to four times per night.

The Veteran's claim for a dependency allowance for his granddaughter (K. L. B.) is denied as she does not qualify as a dependent child under VA compensation regulations.

The Board has determined that the Veteran's claim for Chapter 30 education benefits is denied as he did not submit a timely request to extend his eligibility period, which ended on May 31, 2007.

The Veteran's unauthorized medical expenses incurred at Sky Lakes Medical Center and Rogue Valley Medical Center after March 5, 2008 are being remanded for further action due to the need for a VA physician's opinion regarding transferability of care.

The Veteran's unauthorized private medical expenses incurred on February 19, 2007 were not reimbursable because the emergency treatment was for a non-service-connected condition and no VA facility was feasibly available or reasonable to use beforehand.

The Veteran's service with the U.S. Armed Forces of the Far East is presumed, but the appellant as a niece does not meet the eligibility criteria for nonservice-connected death pension benefits.

The Board denied the veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code (Post 9/11 GI Bill) because her discharge was 'Under Honorable Conditions (General)' and not an 'Honorable Discharge,' which is required by law. The veteran did not meet the alternative bases for eligibility as well.

The Veteran's increased rating claim for his thoracic spine strain with a history of compression fracture of T4-6 was granted, as the disability is manifested by limitation of motion and pain but not ankylosis or incapacitating episodes.

The Veteran is seeking service connection for a right hip disorder, but the VA examination was inadequate and a new one must be conducted to determine if the condition is related to his military service.

The Veteran's eye disability, characterized by active conjunctivitis and seborrheic blepharitis, is currently rated at 10 percent. The Board finds that the evidence does not support a higher evaluation.

The Veteran's residuals of a closed head injury with right frontotemporal skull fracture, cerebral contusions and right hemiparesis have been rated as 40 percent disabling since August 5, 2009.

The Board found that the Veteran's current spastic colon and prolapsed rectum did not begin during active service or were otherwise related to any incident of service.