Other conditions decisions — 2014

The Board has determined that the Veteran's residuals of a right foot fracture are related to his active service and grants service connection for this condition.

The Veteran's claim for education benefits in excess of the 90 percent level under Chapter 33 (Post-9/11 GI Bill) is denied as he did not meet the legal requirements to qualify for such benefits.

The Veteran's appeal is being remanded to obtain records of his August 2009 private emergency room treatment at Indian River Medical Center and to determine if he received prior authorization from VA.

The Veteran's appeal has been dismissed due to his death. The claims for TDIU and SMC based on the need for aid and attendance have no jurisdiction as they are not about service connection.

The Veteran's appeal for a waiver of overpayment was dismissed due to the death of the appellant.

The Board dismissed the Veteran's claim for additional services based on a special home adaptation grant and an independent living plan due to lack of jurisdiction.

The Board has determined that the Veteran's left upper extremity paraesthesias and left face paresthesia do not warrant a rating in excess of 10 percent, but his right occipital neuralgia is rated as 10 percent disabling.

The Veteran is entitled to payment of or reimbursement for unauthorized medical expenses incurred at a non-VA medical facility on February 4, 2010. The Board finds that the treatment was necessary due to an emergent condition and all other criteria were met.

The Veteran's Bell's palsy with a history of blurred vision is currently rated at 10 percent, and the Board finds that it does not warrant an increased rating.

The Veteran died from pancreatic cancer, which is not service-connected. The Board finds that the cause of death does not meet the criteria for service connection and therefore denies the claim.

The Veteran's request for payment or reimbursement of unauthorized medical expenses incurred at St. Vincent's Medical Center from September 24, 2010 to September 26, 2010 is denied as he did not meet the eligibility criteria under VA regulations.

The Veteran's death was not due to a service-connected disability, and he did not receive VA compensation or pension benefits at the time of his death. The appeal for non-service connected burial benefits is denied.

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

The Board found that the overpayment of $5466.00 was properly created due to the Veteran's failure to notify VA of his divorce in a timely manner, and thus he is at fault for the creation of the debt. The Board concluded that repayment would not violate principles of equity and good conscience as it does not deprive the Veteran or his family of basic necessities.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for perirectal abscess, thus denying the appeal.

The Veteran's request for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) beyond July 18, 2000 was denied as he did not apply within the required time frames.

The Veteran's claim for an increased evaluation of his service-connected pleural plaques due to asbestos exposure is being remanded for further development, including obtaining updated VA treatment records and a new examination.

The Veteran's application for VA educational assistance benefits under the Veterans Retraining Assistance Program (VRAP) was denied because her chosen school, the University of Texas at Dallas, is not a community college or technical school. The claim must be denied as a matter of law.

The Veteran's claimed neuropathies of the bilateral upper and lower extremities are not service-connected as they are related to his cerebrovascular accident in 1993, which is unrelated to his diabetes mellitus.

The Board has determined that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, which constitutes a bar to VA benefits.