Other conditions decisions — 2014

The Board found that the procedures for severing VA compensation benefits under 38 U.S.C.A. § 1151 were correctly followed and that the Veteran's right median, ulnar, and radial nerve regional pain syndrome was not provided by a VA employee or at a VA facility. Therefore, the award of such benefits was denied.

The Veteran's esophageal cancer is being remanded for further examination and opinion regarding its relationship to his service, specifically his exposure to herbicides in Vietnam.

The Board is unable to determine the validity of the Veteran's claims for bilateral macular degeneration, detached retinae, retinal tears, or other acquired eye disorder due to conflicting evidence and unanswered questions. The issues are considered 'mixed' as some conditions may be service-connected while others cannot be determined.

The Board has determined that the Veteran's cardiomyopathy, diagnosed as ischemic cardiomyopathy, is related to presumed in-service herbicide exposure and grants service connection for this disability.

The Board denied the appellant's claim for benefits equal to the Veteran's rate of payment of VA compensation for the month of his death, finding no legal basis on which he could be entitled to such benefits.

The Veteran's appeal is remanded due to the need for further development regarding his service dates and their impact on his eligibility for educational assistance benefits under Chapter 33 of Title 38 of the United States Code (post-9/11 GI Bill).

The Veteran's left knee disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted. The Veteran's service-connected left knee disorder does not meet or approximate criteria for an evaluation in excess of 10 percent.

The appellant is not eligible for CHAMPVA benefits from June 1, 2005 to November 30, 2010 due to her failure to be enrolled in Medicare Part B.

The Board found that the Veteran's income for 2008 exceeded the means test income threshold, and thus she was not eligible for copay exempt care. The change of her eligibility category from exempt to required and possible copay billing beginning June 8, 2009, was deemed proper.

The Veteran's claim for eligibility for a fee-basis outpatient identification card is denied as he does not meet the criteria for such eligibility.

The Veteran's claim for a temporary total evaluation based on surgical treatment necessitating convalescence was denied as the underlying service connection for his right hip hemiarthroplasty had not been granted prior to this request.

The Veteran's claim for Service Disabled Veterans Insurance (RH) was denied because he did not file his application within the two-year period following his service connection determination.

The Board has granted a higher initial rating of 10 percent for the post-operative residuals of a mesenchymal mass of the sacrococcygeal area, effective November 1, 2005.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for aortic insufficiency with valve replacement, alleging that VA failed to properly diagnose and treat her heart condition leading to the need for surgery.

The Board denied the appellant's request for a government-furnished headstone or marker because the Veteran passed away before November 1, 1990 and was already buried in a private cemetery.

The Veteran is entitled to $12,000 in education program 'kicker' payments under the Post 9/11 GI Bill due to his irrevocable election for Chapter 33 benefits and the transfer of his VEAP kicker from Chapter 32.

The Veteran has been granted a 20 percent rating for each of his right and left hand disabilities, effective from the date of claim.

The Board has granted a 30 percent rating for herpes simplex effective from August 26, 2008. The Veteran's herpes simplex requires systemic therapy for a total duration of six weeks or more but not constantly during the past twelve months.

The Veteran's claims for service connection for a duodenal/colonic ulcer and bilateral vision impairment are being remanded due to the need for additional development of his records, including from Dr. Wolfe and the Michigan Eye Center.