Other conditions decisions — 2014

The Veteran's appeal is denied as he has no legal entitlement to an additional 36 months of VA educational assistance benefits under Chapter 33 or Chapter 30, Title 38, United States Code.

The Board denied additional DIC allowance for the adopted child J.M.M. in June 2001, but later granted it based on new evidence submitted after January 2001.

The Veteran's unauthorized medical expenses incurred between October 16, 2009 and October 20, 2009 are eligible for reimbursement as the criteria under 38 U.S.C.A. § 1725 have been met.

The Board denied the Veteran's request to revert educational benefits awarded under the Post-9/11 GI Bill program back to the MGIB program, finding that the criteria for irrevocability were met and denying the appeal.

The Veteran's claims for service connection for sinus bradycardia and initial compensable ratings for shin splints of the left and right lower extremities were denied as there is no evidence of a current disability that was incurred during her military service.

The Veteran's appeal is remanded for further examination and development of his service-connected furunculosis.

The Veteran's skin cancer was not related to service, including claimed in-service sun exposure. The Board found no chronic or continuous symptomatology during and after service.

The Board found that the Veteran's income for 2004 was properly calculated, but his income for 2005 and 2006 exceeded the maximum annual pension limits. The claim is denied as a result.

The Board found that the Veteran's atrioseptal aneurysm is a congenital defect and not related to service, as there was no evidence of injury or disease in service. The condition was diagnosed during active duty but was likely present since birth.

The Veteran's current psychotic disorder NOS is not related to service and was not manifest within one year of separation.

The Board denied the Veteran's claim for a higher rating for his service-connected right knee disability, finding that the evidence did not support a rating in excess of 10 percent. The Veteran was granted a separate 10 percent rating for arthritis of the right knee.

The Veteran's unauthorized medical expenses incurred at Gaston Memorial Hospital on June 2, 2010 are now eligible for reimbursement as the treatment was deemed necessary due to an emergent condition and no VA facility was feasibly available.

The Board has granted service connection for residuals of a head trauma and a jaw disability, finding that the Veteran's symptoms are related to his active service. However, he does not meet the criteria for service-connected compensation or VA outpatient dental treatment due to partial loss of tooth number seven.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because the VA treatment did not result in additional disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board has determined that the Veteran's current diagnosis of panic disorder is related to his military service and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including scheduling a new VA examination and considering all evidence of record.

The Veteran's rhabdomyolysis with residual proximal muscle weakness is found to be due to the carelessness, negligence, or fault of VA in prescribing statin medications. As a result, compensation under 38 U.S.C. § 1151 for this condition is granted.

The Veteran's cause of death was due to adenocarcinoma of the cecum and liver metastasis, which is not service-connected. The VA examiner found no evidence that herbicide exposure caused or contributed to these conditions.

The Veteran does not have an additional disability of the spine due to VA treatment received in November 1993.

The Veteran's appeal is being remanded for further development, including scheduling a Travel Board hearing at the local RO in New York, New York.