Other conditions decisions — 2014

The Board has reopened the claim for service connection for a lung disorder due to new and material evidence. The Veteran's claim for service connection for gonorrhea is denied as he does not have current diagnosis of this condition.

The Board has ordered additional development to obtain medical records and a VA opinion regarding the cause of the Veteran's death, specifically whether it was caused by exposure to chemicals during Desert Storm.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's heart conditions are related to her military service.

The Board found that the appellant is not a helpless child on the basis of permanent incapacity for self-support before attaining the age of 18 years and denied his claim for VA improved death pension benefits.

The Veteran's emergency medical treatment at Shands on November 4, 2009 was deemed necessary due to a sudden and severe exacerbation of chest pain. The Board found that VA facilities were not feasibly available for the emergent condition, and thus the Veteran's claim for payment or reimbursement is granted.

The Veteran requested to withdraw his appeal for service connection for varicose veins, and the Board has dismissed the appeal.

The Veteran's service-connected fracture of the coccyx resulted in a 10% rating, which is the maximum schedular rating for partial or complete removal of the coccyx with painful residuals. The Board found no additional functional impairment on repetitive motion and denied an increased rating.

The Veteran withdrew his appeal for both the petition to reopen the claim of service connection for stress fractures of the lower legs and feet, as well as his claim for a permanent and total disability rating.

The Board denied the Veteran's claim for educational assistance allowance at an increased rate, otherwise known as a 'kicker', under 10 U.S.C.A. Chapter 1606 due to the Department of Defense (DoD) finding that the Veteran is not eligible for such benefits because his military occupational specialty (MOS) was not a critical skill MOS at the time of enlistment.

The Board found that the termination of the Veteran's VA nonservice-connected improved pension benefits, effective January 1, 2008, was proper due to his annualized countable income exceeding the maximum threshold for pension eligibility. The decision concluded that the award was not solely due to administrative error and both parties share responsibility for the creation of the resultant debt.

The Veteran's appeal is remanded due to the need for a new VA examination of his service-connected varicose veins disability.

The Veteran's unauthorized medical expenses incurred from January 27 to February 1, 2011 at Baptist Medical Center are approved as the treatment was deemed necessary due to a medical emergency and VA facilities were not feasibly available.

The Board has remanded the case for additional development due to unclear etiology opinions and need for clarification on service connection issues.

The Veteran's entire active service period from June 2008 to April 2011 was subject to the education loan repayment program under 10 U.S.C.A. Chapter 109, and therefore cannot be counted as a period of service for entitlement to educational assistance under the Post-9/11 GI Bill.

The Veteran's claim for payment of educational assistance benefits under the Post-9/11 GI Bill (Chapter 33) for the cost of the MCAT taken on June 16, 2011 is denied.

Service connection is granted for incomplete paralysis of the left 7th cranial nerve.,Service connection is denied for joint pain in all major joints, including upper and lower back, neck, hands.

The Board has ordered a supplemental opinion from the VA examiner regarding whether the Veteran's left arm and hand disability is chronically aggravated by his service-connected right shoulder and elbow conditions. The case will be remanded for this purpose.

The Board has determined that the appellant does not have legal entitlement to a one-time payment from the FVEC fund due to lack of recognized service in the United States Armed Forces.

The Board has determined that the Veteran's cataracts were not incurred in or aggravated by his military service, and thus denied his claim for service connection.

The Veteran's loss of vision in the right eye was caused by a VA surgical procedure, and it is not due to his own negligence. The risk of losing visual acuity to Hand Motion only was foreseeable.