Other conditions decisions — 2013

The Board has dismissed the appeal due to the appellant's death, and no jurisdiction remains for adjudicating the merits of this claim.

The Veteran's heart murmur was not shown to be a disability, and thus service connection for a heart disorder manifested by a murmur is denied. The VA examiner found no evidence of chronic disabilities related to the Veteran's Eustachian tube dysfunction, anal fissures with piles, heat stroke residuals, or shin splints.

The Board denied the Veteran's claim for payment or reimbursement of medical expenses as the treatment provided on July 13, 2009 was not rendered in a medical emergency and VA facilities were available.

The Board of Veterans' Appeals (Board) found that the discontinuance of VA Vocational Rehabilitation and Employment (VR&E) benefits under Chapter 31, Title 38, United States Code was proper due to the Veteran's failure to fully participate in services leading to plan development.

The Board has granted service connection for left Achilles tendonitis and subtalar arthritis of the left foot, finding that these conditions are related to active military service. The claim for secondary service connection for a left knee disorder is remanded.

The Board has remanded the case for further development, including verifying the Veteran's exposure to radiation and herbicides during service, as well as obtaining an opinion on the nature and etiology of his brain cancer.

The Veteran's unauthorized medical expenses incurred at Mayo Clinic on December 22, 2010 were denied as the treatment was not authorized and he had Medicare coverage.

The Board denied the Veteran's claims for increased ratings for his service-connected right upper and lower extremity disabilities, finding that the evidence did not support a higher rating under applicable diagnostic codes.

The Veteran's death occurred prior to the eligibility date for a government-furnished headstone or grave marker, and thus his daughter-in-law is denied this benefit.

The VA denied the appellant's claim for a Government-furnished headstone or grave marker because the decedent's grave is marked, and therefore does not meet the criteria for such an award.

The Board found that the termination of the Veteran's VA non-service-connected pension benefits from December 1, 2005 to December 5, 2011 was not proper due to lack of evidence showing the Veteran fled to avoid prosecution or confinement after conviction for a felony.

The Board denied the appellant's request for waiver of overpayment of nonservice-connected pension benefits, finding that recovery would not violate principles of equity and good conscience.

The Board granted service connection for the cause of death due to cancer, finding it as likely as not related to exposure to herbicides in Vietnam.

The Veteran's claim for service connection for an acquired psychiatric disorder other than major depressive disorder and PTSD, claimed as psychosis with neurosis, is being remanded due to inadequate VA examination and the need to obtain additional medical records.

The Veteran's left ureteral stone, post-operative with suprapubic scar was granted a 20% rating effective October 19, 2009. The effective date for this increased rating is set at October 19, 2009.

The Veteran's estranged wife seeks retroactive payment of Survivors' and Dependents' Educational Assistance (DEA) benefits for the period prior to June 4, 2011. The claim is denied as she was not eligible due to lack of a formal or informal claim before the date of receipt.

The Veteran's service-connected laceration of the right hand scar is currently rated at 10 percent, and there are no changes in severity over the course of the appeal period. The Board finds that a higher rating is not warranted.

The Veteran's discharge from his reserve service between 1980 and 1984 is considered dishonorable due to willful and persistent misconduct, which bars VA benefits. The claim for service connection for residuals of a heat stroke based on this period of service is denied as the character of discharge is not dishonorable.

The Board denied the Veteran's claims for service connection for periodontal disease, bilateral eye disability, Gulf War Syndrome, right hand disability, and left hand disability. The decision also found that new and material evidence was not received to reopen the previously denied claim of service connection for periodontal disease.

The Board found that the Veteran's current skin rash of the feet is not related to her active service, including any chemical burn she may have sustained during service. The evidence did not support a finding that the current condition was incurred or aggravated by service.