Other conditions decisions — 2011

The appellant's request for an extension of her delimiting date for use of Chapter 35 Dependents' Educational Assistance benefits beyond April 10, 2000 was denied as she had already reached the age of 31 and did not meet any exceptions to the eligibility criteria.

The Appellant has withdrawn her appeal regarding entitlement to the Veteran's benefits for the month of his death.

The Veteran's claim for payment of unauthorized medical expenses incurred at St. John's Hospital is denied as he does not meet the criteria for reimbursement under 38 U.S.C.A. § 1725 or 1728 and implementing regulations due to his coverage under a health-plan contract.

The Veteran's claims for service connection are being remanded due to missing private records and inextricably intertwined secondary claim. The RO is instructed to obtain all relevant records, including private hospital records from the Rice County Hospital Fairbault, and VA medical records.

The appellant is denied recognition as the Veteran's surviving spouse for VA benefits purposes.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to determine the etiology of his claimed conditions.

The Board has remanded the case for further development due to insufficient information regarding the Veteran's and appellant's financial conditions, which is necessary to determine an appropriate apportionment of his disability compensation benefits.

The Board has granted service connection for myelodysplasia and pancytopenia, finding that the Veteran's conditions are at least as likely as not related to his active military service, including presumed exposure to herbicides.

The Board has determined that the appellant is not the Veteran's surviving spouse for VA benefits purposes and thus, does not meet the criteria to be a proper claimant.

The Board is remanding the case to determine if the Veteran's claims for service connection for a skin disorder and joint pains constitute new claims under Boggs v. Peake, 520 F.3d 1330 (2008).

The Board has granted a 10 percent rating for hallux valgus of the left foot and right foot, both rated under Diagnostic Code 5280 due to residuals of bunionectomies with resection of part of the metatarsal head. The next higher rating is not available as there are no other applicable diagnostic codes.

The Veteran's right fifth finger disability was rated at 10 percent prior to October 23, 2009. The VA examiner found the condition manifested by symptomatology analogous to amputation of the little finger with metacarpal resection and more than one-half the bone lost.

The Veteran's cause of death is being reviewed due to his exposure to ionizing radiation during service, and further development is needed to determine the extent of his exposure.

The Veteran's death was caused by glioblastoma multiforme, which is presumed to be due to Agent Orange exposure during service in Vietnam.

The Board found that the Veteran's character of discharge for the period from January 16, 1996 to March 18, 1998 constitutes a bar to VA benefits. The character of discharge for the period from July 16, 1990 to January 15, 1996 does not constitute a bar.

The Board has ordered the case back to the RO for further review due to a failure by VA to properly fulfill its duty to assist prior to the February 2010 decision. The Veteran's character of discharge will be reviewed again, and any relevant documents from his Court Marshal proceedings will be obtained.

The Board finds that the Veteran's left thoracic outlet syndrome is at least as likely as not related to her military service, and grants her claim for service connection.

The Board found that the Veteran's bilateral eye disability, including glaucoma and cataracts, is not related to his service and denied the claim.

The Board denied service connection for residuals of a left foot fracture, finding no current diagnosis and noting the Veteran's service treatment records did not show any such injury. The Board granted service connection for residuals of a left elbow fracture, attributing it to an inservice fall during a typhoon.,Service connection was established for residuals of a left elbow fracture based on direct evidence linking the condition to active duty service.

The Board has determined that the Veteran does not have a current left elbow disability and therefore, service connection for this condition is denied.