Other conditions decisions — 2014

The Board finds that the Appellant does not meet the legal requirements for recognition as the Veteran's surviving spouse for VA death pension benefit purposes.

The Veteran's appeal is being remanded for additional development, including issuance of a Statement of the Case on his increased rating claim and obtaining any outstanding VA treatment records. A vocational examination may also be necessary to determine if he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board denied the appellant's claim for nonservice-connected death pension benefits as a 'helpless child' of her deceased father, finding that she was married and thus ineligible under VA regulations.

The Board has granted an extension of the delimiting date for DEA benefits beyond December [redacted], 2009, based on a legally excusable period of suspension from December 1, 2005 to February 1, 2009.

The Veteran is seeking service connection for ankylosing spondylitis and ulcerative colitis, both claimed as secondary to his service-connected atopic dermatitis. The Board has determined that additional development is needed due to the need for a medical opinion regarding whether these conditions are aggravated by his service-connected condition.

The Veteran's appeal is remanded due to the need for additional development, including obtaining service personnel records and relevant medical records. A VA examination is needed to determine if his larynx cancer is related to military service, including claimed asbestos exposure.

The Veteran is not entitled to educational assistance benefits under Chapter 30 (to include conversion of Chapter 34 benefits) due to a lack of eligibility for the benefits.

The Board has granted service connection for peripheral artery disease of the left and right lower extremities, finding that the Veteran's symptoms began during his active service or shortly thereafter.

The Board has determined that the Veteran's polycythemia vera is related to his in-service herbicide exposure, specifically Agent Orange. As such, service connection for this condition is granted.

The Board has decided to remand the case for further consideration, specifically whether special restorative training applies as an exception to the 45-month limitation on Chapter 35 educational assistance benefits.

The Veteran's claim for educational assistance benefits under Chapter 30 (MGIB) for an on-the-job training program with the U.S. Customs and Border Protection was received on July 19, 2010. The effective date cannot be earlier than one year before the date of claim due to VA regulations. Therefore, the appeal is denied.

The Veteran's private medical services on February 13, 2009, July 8, 2009, and July 9, 2009 were initially provided in a medical emergency. However, the VAMC determined that he was stable enough to be transferred by these dates.,Reimbursement is granted for the private medical services provided on February 13, 2009, but not for those provided on July 8, 2009 and July 9, 2009.

The Veteran's claim for reimbursement of medical expenses incurred at a private facility in March 2009 is denied as he did not meet the eligibility criteria under VA regulations.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Drumright Regional Hospital on January 1, 2010 was granted. The service connection theory is direct.

The case is being remanded due to the appellant requesting a new video conference hearing before the Board at the local RO. The appellant has been notified of the scheduled hearing and given the option to waive the required 30 days for issuance of notice prior to the hearing.

The case is being remanded for additional development, including obtaining VA treatment records and arranging for a psychiatric examination to determine the current severity of the Veteran's service-connected adjustment disorder, unspecified, and whether he is unable to secure or follow a substantially gainful occupation due to his service-connected disability.

The Veteran's unauthorized medical expenses incurred on April 14, 2009 at Cookeville Regional Medical Center are granted as the criteria for payment or reimbursement have been met.

The Board found that the $3,000 overpayment was due to an administrative error and ruled in favor of the appellant, finding his request for a waiver timely.

The Board has reopened the Veteran's claim of entitlement to service connection for a left hip disability and finds that new and material evidence has been received. The Veteran is entitled to a VA examination to determine the etiology of his left hip disability, including whether it was clearly and unmistakably not aggravated by active service.

The Board has remanded the case due to a need for clarification regarding individual authorization for the Veteran's eye examination at Vision Marketplace in March 2010, and whether VA facilities were geographically inaccessible.