Other conditions decisions — 2014

The Veteran's claim for a one-time payment from the FVEC Fund was denied as he did not have requisite service to qualify under the law.

The Board denied the Veteran's claim for service connection for a neurologic disability of the lower extremities, finding that there was no evidence of such condition in service or within one year post-service. The VA examinations and medical literature provided opinions against a direct link between the current condition and military service.

The Board has determined that additional development is needed to address the Veteran's service connection for the cause of his death, including whether his gastric cancer developed due to herbicide exposure or was related to a service-connected condition.

The Board has determined that the Veteran is not competent to handle disbursement of funds for VA benefits due to his mental health condition, specifically schizoaffective disorder.

The Board has remanded the case for additional development, including obtaining service treatment records and a VA medical opinion regarding the cause of the Veteran's death.

The Board denied the appellant's request to change her Dependents' Educational Assistance (DEA or Chapter 35) beginning date from May 26, 2010 to August 24, 2009. The decision stated that under applicable law and regulation, she was in fact entitled to an eligibility date no earlier than May 26, 2010.

The case is being remanded for further development, including obtaining a VHA medical opinion and reviewing additional evidence submitted by the Veteran.

The Board has remanded the case due to incomplete financial information and a missing letter explaining the change in entitlement to education benefits.

The appellant was denied eligibility for CHAMPVA benefits from April 1, 2010 due to her cancellation of Medicare Part B enrollment.

The Veteran's waiver requests for overpayment of VA educational assistance benefits in the amounts of $352.27 and $273.01 are granted, with the latter being against equity and good conscience due to deployment issues.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for right hand middle and index finger injuries with arthritis.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA medical facility on June 14, 2010 is granted. The Board finds that the criteria for reimbursement have been met and affords the benefit of doubt to the Veteran.

The appellant's claim for an increased monthly rate of DIC for her children is denied as the law does not allow for a higher payment given the existence of a surviving spouse recognized by VA.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's herniated nucleus pulposus, L3, L4, and L5 is not manifested by unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes totaling at least six weeks during the past 12 months. Therefore, a higher rating is denied.

The Veteran's left knee disability, characterized by pain and limited motion, was found to warrant a 30 percent evaluation from February 18, 2013. Prior to this date, the disability did not meet criteria for higher ratings.

The Board has granted service connection for an ingrown fungal nail of the left great toe, finding that the evidence is at least in relative equipoise as to whether the condition is related to active service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of service connection for residuals of a head injury is pending.

The Veteran received prior authorization from VA to receive treatment at a non-VA hospital, RMC, on August 10, 2010 for emergency medical treatment of leg pain.

The Board has granted a 20 percent evaluation for the Veteran's service-connected left foot ganglion cyst, finding that his disability picture is best characterized as moderately severe. The Veteran's sensory loss to the fourth and fifth toes remains at 10 percent.