Other conditions decisions — 2014

The Board has granted the Veteran's claim, finding that he did not make an irrevocable election for education benefits under the Post-9/12 GI Bill program in lieu of benefits under the MGIB program.

The Board found that the Appellant's discharge from service was under dishonorable conditions due to his AWOL status, and thus denied benefits.

The Veteran's son applied for an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The Board denied the request as he was over the age of 31 and not eligible for an extension beyond his 31st birthday.

The Veteran's current degenerative changes and amorphous calcification in the soft tissues overlying the volar aspect of the distal radius with possible erosion of the adjacent bone are related to his right hand injury during service, and thus he is granted service connection for residuals of a right hand injury.

The Board has determined that the Veteran's low back disability is causally related to his active duty service and grants service connection for this condition.

The Veteran's death is being remanded for additional medical opinions to determine if his glioblastoma was related to service or service-connected PTSD.

The Veteran's cause of death, myelodysplastic syndrome, is found to be related to service exposure to Agent Orange. Service connection for the cause of the Veteran's death has been granted.

The Board has ordered a VA examination to determine the nature and etiology of any lower extremity neurologic abnormalities. The Veteran's claim for a separate evaluation for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to inadequate development.

The Board has determined that a remand is necessary to obtain an adequate VA examination and consider all available evidence, including the Veteran's statements of continuity of symptomatology since service.

The Board has determined that the appellant's spouse did not have qualifying service to qualify for nonservice-connected death pension benefits, and her application for accrued benefits was untimely filed. Therefore, both claims are denied.

The Veteran's appeal is denied as the preponderance of the evidence does not show marked limitation of motion of the right ankle for any period from September 1, 2007, forward.

The Veteran's initial rating for panic disorder was increased to 50 percent effective September 26, 2000. The evidence showed significant impairment in social and occupational functioning.

The Board denied the Veteran's claim for Veterans Retraining Assistance Program benefits because her enrollment in the Pharmacy Technician program at Ulster County Community College was less than full-time, which is a requirement for VRAP benefits.

The Veteran's claim for a compensable evaluation for his service-connected right great ingrown toenail residuals is being remanded due to the need for additional examination and consideration of new symptomatology.

The Board denied the Veteran's petition to reopen his claim of service connection for atrial fibrillation and phrenic nerve paralysis, finding that no new and material evidence had been submitted. The claims were also denied for compensation under the provisions of 38 U.S.C.A. § 1151 due to lack of a qualifying event.

The Veteran's cause of death was due to viral meningoencephalitis and cerebrovascular atherosclerosis, but not Creutzfeldt-Jakob disease. The Board finds that the appellant's contention that Creutzfeldt-Jakob disease was incurred in service is not supported by the evidence.

The Veteran's claim for payment or reimbursement of unauthorized medical treatment provided by Hamot Medical Center was denied as the situation did not meet the criteria for emergency treatment under VA regulations, and there were no other qualifying factors.

The VA determined that the Veteran's pre-existing recurrent urinary tract infections did not permanently increase in severity during service, and thus denied her claim for service connection.

The Board finds that the Veteran's peritonsillar abscess and recurrent tonsillitis are related to active service, granting his claim for service connection.

The Board found no probative evidence that the Veteran's inguinal hernia, claimed as a rupture, was incurred in or aggravated by his active service.