Other conditions decisions — 2014

The Veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to assess the severity of his service-connected right leg disability.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code, beyond August 1, 2008 is being remanded due to the need for additional notice and assistance in obtaining relevant evidence.

The Board has reopened the claim of service connection for TMJ dysfunction due to new and material evidence. However, the Veteran's current TMJ dysfunction is not related to his military service.

The Board found that the overpayment of VA education benefits was valid and denied a waiver to recover $1,601.60 due to lack of fault on the Veteran's part, no undue hardship, and unjust enrichment.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses related to a radical prostatectomy is denied as there was no prior authorization from VA and the treatment did not meet the criteria for emergency treatment.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of the claim.

The Veteran's claim for service connection for a sleep disorder, other than sleep apnea is being remanded due to the need for further development including a sleep study. The issue of entitlement to service connection for sleep apnea has also been referred back to the RO.

The Veteran's appeal for initial compensable ratings for fibrocystic disease of the bilateral breasts and anemia was denied. The Board found that the symptoms were encompassed in the existing rating criteria.

The Veteran's claim for an increased disability rating and earlier effective date for his service-connected detached retina of the left eye was denied. The Board found that the evidence did not support a higher initial rating or an earlier effective date.

The Veteran's appeal has been dismissed as he requested the withdrawal of his appeal for a rating in excess of 20 percent for residuals of a fracture of the left scapula with chronic pain syndrome.

The Board denied an increase in non-service-connected disability pension benefits based on unreimbursed medical expenses for the year 2007, finding that the Veteran's claim was untimely and without legal merit.

The Board denied the claim for an effective date earlier than February 1, 2010, for the payment of an award of additional dependent compensation for the Veteran's current spouse due to lack of evidence showing VA received notice prior to January 2010.

The Board has granted a 10 percent extraschedular evaluation for the Veteran's service-connected bilateral hydrocele/spermatocele, finding that the available schedular evaluations are inadequate to account for his disability level and symptomatology.

The case is being remanded for a VA examination to assess the current degree of impairment due to the service-connected left foot disability and to determine if a rating in excess of 10 percent is warranted.

The Board found that the Veteran's parotid gland disorder was not etiologically related to his active service, including exposure to herbicides.

The Board has determined that the Veteran's death was caused by exposure to herbicides in service, which is presumed due to his Vietnam-era service. The claim for service connection for the cause of the Veteran's death is granted.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from January 25, 2013 to January 26, 2013 was denied because he has Medicare coverage which constitutes a health-plan contract that covers the cost of the treatment.

The Board has reopened the Veteran's claim of entitlement to service connection for syringomyelia and Arnold-Chiari malformation. The evidence shows that these conditions are congenital defects, but whether they were subject to a superimposed disease or injury during active service is unclear.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida, finding that she does not have any form of spina bifida other than spina bifida occulta.

The Veteran's essential tremor has been rated as a moderate convulsive tic disability, warranting an initial 10 percent rating.