Other conditions decisions — 2014

The Board has determined that the appellant's claim for DIC and nonservice-connected death pension benefits, for accrued benefits purposes is remanded due to the need for additional development of her status as a substituted party.

The Board found that the Veteran's death was not caused by a service-connected disability and denied both the claim for service connection for the cause of death and the claim for special monthly pension or compensation based on need for aid and attendance, or being housebound.

The Veteran's claim for an earlier effective date for the grant of service connection for ocular histoplasmosis was denied. The Board found that the appropriate effective date is November 9, 2009, as it is later than the date entitlement arose.

The VA treatment in September 2004, including the prescribed medications, did not cause the Veteran's death due to drug overdose and alcoholism. The Board finds that there is no evidence supporting a claim for VA disability compensation under 38 U.S.C.A. § 1151.

The Board found that the overpayment was not validly created due to a mistake in reporting the Veteran's son's date of birth, which resulted in an overpayment. The Veteran's son was under the age of 23 and continuously enrolled in school at the time of the creation of the overpayment.

The Veteran's appeal is denied as he does not have legal entitlement to transfer more than 22 months and 8 days of education assistance benefits to the Chapter 33 (Post-9/11 GI Bill) program for his son.

The Veteran withdrew his appeal before the Board could make a decision, thus the case is dismissed.

The Veteran's claims for service connection and SMC have been denied. The issue of whether new and material evidence has been submitted to reopen a claim for service connection for pulmonary tuberculosis, claimed as pulmonary disease, is also denied.

The Veteran's initial four years of active duty as a commissioned officer were excluded from the service countable for Post-9/11 GI Bill benefit purposes, leaving him with 382 days of qualifying active duty. This entitles him to 60 percent of the maximum rate (i.e., at least 90 days but less than 12 total months of active duty).

The Board found that there is no evidence of varicose veins during service and the Veteran's current condition does not meet the criteria for service connection as it cannot be linked to his military service.

The Veteran's glioblastoma multiforme, including with residual loss of field of vision, left eye blindness, limited cognitive abilities and coordination limitations, is found to be a result of his military service. The claim for accrued-benefits purposes and as the cause of death is granted.

The Board has determined that the Veteran's left clavicle disability, manifested by fracture residuals, is due to an injury incurred in service and not the result of his abuse of alcohol or willful misconduct. Service connection for this condition is granted.

The Board found that the Veteran's diverticulosis with benign polyps is not related to his service-connected duodenal ulcer and was not incurred in or aggravated by active military service.

The Veteran's claim for reimbursement of unauthorized medical expenses at St. Luke's Cataract and Laser Institute was denied because the treatment was not emergent, a VA facility was feasibly available, and there were no indications of a medical emergency necessitating non-VA treatment.

The Board has determined that the Veteran's right ear otalgia is related to an injury sustained during service and grants service connection for this condition.

The Board found that the Veteran's right flank pain was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care during a surgical procedure performed in August 1998.

The Veteran's urethritis has been asymptomatic for the relevant period, and therefore does not meet the criteria for a compensable rating.

The Board has determined that the Veteran's discharge from service for the period from October 3, 1983 to June 9, 1989 was a result of felony convictions associated with one completed rape and two attempted rapes. The evidence does not demonstrate that he was insane at the time these offenses occurred.

The Board denied service connection for the cause of the Veteran's death, finding that his tongue cancer was not related to his period of active service or any presumptive exposure to herbicides.

The Board has granted service connection for residuals of a right inguinal hernia repair, but denied the claim for residuals of a foot fracture with arthritis.