Other conditions decisions — 2014

The case is being remanded to ensure compliance with all specialized contested claim procedures, including providing the Veteran's daughter and appointed representative an opportunity to review the claims file and submit arguments.

The Veteran's panic disorder has been manifested by occupational and social impairment with reduced reliability and productivity due to frequent panic attacks, warranting a 50 percent rating.

The Veteran's child is not eligible for DIC benefits as he did not meet the criteria of being a permanently incapable of self-support before reaching 18 years old.

The Veteran's claim for VA educational benefits under Chapters 1606 and 1607 of Title 10, United States Code was denied as he is not eligible due to his separation from the Selected Reserve in March 2006. The Board found that equitable relief cannot be granted.

The Board denied the appellant's claim for accrued benefits as reimbursement for last illness and burial of his mother, M.S., finding that the preponderance of evidence is against the claim. The appellant sought to be reimbursed for expenses he paid on behalf of M.S., but these were already certified by her in her application for death pension.

The Board denied service connection for a cracked tailbone, bilateral flatfeet, and hysterectomy. The claim for service connection for the hysterectomy was reopened on new evidence and granted.

The Board has reopened the Veteran's claim for service connection of schizoaffective disorder and finds that it is related to his military service. The decision grants service connection.

The Veteran's claim for service connection for Crohn's disease was granted effective June 7, 2003.

The appellant is not entitled to an extension of Dependents' Educational Assistance benefits beyond August 20, 2010 due to the statutory time limits for eligibility.

The Veteran's left groin disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board has ordered the VA to clarify how an overpayment of $668.18 was calculated and to recalculate the Veteran's debt based on any change in enrollment status due to a remedial course.

The Board denied the Veteran's request for an earlier effective date of March 1, 2011, for adding his current spouse as a dependent for VA purposes. The decision stated that the earliest effective date allowed by law is March 1, 2011.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Via Christi Hospital is denied as the Veteran has third-party insurance that covered part of his expenses, and he cannot be reimbursed by VA under the Millennium Health Care Act.

The Veteran's death was not due to a service-connected disability, and the claim for nonservice-connected burial benefits was not filed within two years after his burial. The appeal is denied.

The Veteran's private medical expenses for July 20, 2011 treatment at St. Mary's Medical Center were denied as the services did not meet the criteria for reimbursement under VA regulations.

The Board finds that the appellant's appeal was timely, but does not meet the criteria for a one-time payment from the FVEC Fund due to lack of valid military service.

The Board has remanded the case for additional development, including an addendum opinion from a VA examiner to address deficiencies in the current VA examination and provide opinions on whether the Veteran's service-connected hearing loss caused or aggravated his nasal tracheal tree lesions.

The Board has decided to remand the case for further development and an examination, as there is conflicting medical evidence regarding whether the Veteran's diverticulitis is related to service.

The Board has determined that the appellant's late husband did not have service in the Armed Forces of the United States, and thus does not qualify for VA benefits.

The Board is remanding the case to the AOJ for further development due to an administrative error in determining the character of discharge, and for obtaining service personnel records.