Other conditions decisions — 2013

The Board denied the appellant's claim for retroactive award and payment of educational assistance benefits under Chapter 35, as she was years past her 31st birthday when she filed her application.

The Veteran's appeal was denied as his claim for an increased rating for service-connected left eye disability, including the propriety of reducing the evaluation from 60 to 40 percent disabling effective May 1, 2009, was not granted. The reduction in disability rating was found proper due to clear and unmistakable error (CUE) in the April 2007 rating decision.

The Veteran's lumbago with residuals was rated at 10 percent prior to March 20, 2012. From that date forward, the rating has been increased to 20 percent.

The Board has granted service connection for asthma, finding that the Veteran's asthma is at least as likely as not related to his military service. The remaining issues involving bronchitis and upper respiratory disorders are addressed in the REMAND portion of this decision.

The Veteran's neuroleptic malignant syndrome is granted as secondary to medications used for his service-connected schizophrenia and tardive dyskinesia. The issue of an initial rating in excess of 10 percent for the service-connected tardive dyskinesia with photosensitivity due to Artane prescribed for treatment of tardive dyskinesia remains pending, but has been remanded by the Board. The propriety of severing service connection for the tardive dyskinesia with photosensitivity is also under review.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses is denied because he has Medicare Part A insurance, which constitutes a health-plan contract that covers the cost of the treatment.

The Veteran's appeal is remanded for further development, including a medical examination to assess the extent of his right upper extremity disability and whether he would be equally well served by an amputation stump at the site of election below elbow.

The appellant's annual income after March 1, 2008 exceeded the maximum annual income limit for receipt of payment for nonservice-connected death pension benefits for a surviving spouse who is entitled to aid and attendance with no dependents. Therefore, she is not legally entitled to VA death pension benefits.

The Board denied service connection for basal cell carcinoma and a skin disorder, finding that the Veteran did not have symptoms of these conditions during or immediately after his military service.

The Veteran's claim for increased ratings for his service-connected hearing loss disability was denied. The Board found that the evidence did not support a higher rating prior to July 30, 2010 and after November 21, 2011.,Service connection for groin rupture and testicle rupture were both denied as there is no established current condition.

The Board denied the Veteran's claims for service connection for a left eye disability and an increased rating for his right eye enucleation, finding that new evidence did not warrant reopening of the claim for service connection and that the current visual acuity does not meet the criteria for a higher rating.

The Veteran's Crohn's disease was initially rated at 30 percent disabling effective May 7, 2008. The Board found that the condition warranted a higher rating as of August 9, 2011.

The Veteran's appeal for special monthly compensation (SMC) based on the need for regular aid and attendance or at the housebound rate has been dismissed due to his death.

The Veteran's appeal is being remanded to the RO for further development, including obtaining dental records and scheduling a VA examination. The issues of service connection for noncompensable and compensable dental disabilities are being addressed.

The Veteran's claim for SMC based on the need for regular aid and attendance or housebound status is being remanded due to the complexity of his service-connected conditions, including those that may be secondary to a service-connected heart disability. The VA will also consider claims for service connection for edema, poor circulation of the legs, transient ischemic attacks (TIAs), residuals of bilateral hip fractures, and dementia as secondary to a service-connected heart disability.

The Board has determined that the Veteran does not have a current low back disability and therefore, service connection for lumbago is denied.

The Veteran's appeal has been withdrawn and is dismissed.

The Board finds that the erroneous awards of additional vocational rehabilitation training subsistence benefits were solely due to VA administrative error and thus, the overpayment in the amount of $2,751.12 is invalid.

The Board has determined that further development is needed to determine the appellant's eligibility for Chapter 35 DEA benefits and whether his character of discharge from service bars him from receiving VA benefits. The case is being remanded for additional development.

The Board has remanded the case for additional development, including obtaining post-service treatment records and providing an opinion regarding whether the Veteran's chronic dumping syndrome clearly and unmistakably underwent a permanent increase in service or was due to natural progression.