Other conditions decisions — 2014

The Veteran's service-connected scars have been evaluated based on their characteristics and do not meet the criteria for a higher rating under any applicable diagnostic codes.

The appeal has been withdrawn by the appellant before a decision was made.

The Board has remanded the case due to the need for additional information regarding the Veteran's income and expenses, specifically related to his son's expenses. The claim will be reconsidered with this new information.

The Veteran's affective disorder was rated at 30 percent prior to November 17, 2009. From that date, the rating was increased to 70 percent effective from November 17, 2009.

The Board denied the appellant's claim for an earlier effective date for service connection for the cause of her husband's death, finding that no valid application was filed prior to October 24, 2005.

The Board denied the appellant's claim for an extension of the delimiting date beyond August 4, 2010 for DEA benefits as she did not meet the criteria due to lack of evidence showing a physical or mental disability preventing her from initiating or completing her chosen education program.

The Veteran's eligibility for benefits under Chapter 1606, Title 10, United States Code, after January 15, 2011, was denied as his period of eligibility expired on the date he separated from the Selected Reserve.

The Veteran's service-connected panic disorder resulted in occupational and social impairment with reduced reliability and productivity, as evidenced by frequent panic attacks (more than once a week), depressed mood, anxiety, chronic sleep impairment, and mild memory loss. The Board found that these symptoms more nearly approximated the criteria for a 50 percent disability rating.

The Board found that the date of the Veteran's election for education benefits under Chapter 33 in lieu of education benefits under Chapter 30 is irrevocable and denied his appeal.

The Veteran is seeking service connection for aortic valve stenosis and heart murmur, which he claims are related to in-service strep throat and scarlet fever. The Board finds that additional medical evidence is necessary before making a determination.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's lung disorders and his military service, including presumed herbicide exposure in Vietnam.

The Veteran died from a nonservice-connected condition and was buried in a private cemetery. The appellant is not eligible for a plot or interment allowance as the funeral home has already paid, but no reimbursement has been provided to them.

The Veteran's service-connected spondylolysis at L5-S1 is currently rated as 20 percent disabling since September 23, 1999. The Board found that the evidence does not support a higher rating for any period.

The Board has determined that the Veteran does not have a current left eye disorder other than refractive errors, and thus service connection for a left eye disorder is denied.

The Board has remanded the case for additional development due to an inadequate VA examination in November 2011. The Veteran is to be provided a new VA examination to determine if his hiatal hernia had its onset during service.

The Veteran is requesting a revision of the November 6, 2002 Board decision that denied an earlier effective date for service connection for spondylolysis at L5-S1 on grounds of clear and unmistakable error (CUE).

The Board has remanded the case for additional development due to inadequate medical opinions regarding the etiology of the Veteran's bilateral eye disabilities, other than diabetic retinopathy.

The Veteran's loss of vision in his left eye is considered a qualifying additional disability under 38 U.S.C.A. § 1151 due to carelessness, negligence, lack of proper skill, or error in judgment by VA medical staff during the cataract surgery on September 13, 2006.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during emergency room treatment at Bethesda Memorial Hospital on November 9, 2009 was granted as the claim was deemed timely.

The Board found that the Veteran's left eye sensitivity to light is not related to her period of service and denied her claim for service connection.