Other conditions decisions — 2015

The Veteran's claims for increased ratings of the right little finger and ring finger disabilities were granted, but with noncompensable evaluations. The case was remanded for additional development.

The Veteran's current pilonidal cyst, which pre-existed service and has recurred intermittently, is considered incurred in service. Service connection for this disability is granted.

The Board found that the overpayment of educational assistance benefits was not properly created and dismissed both issues related to the overpayment.

The Board has determined that the Veteran's current gastrointestinal disorder and bleeding are not related to his military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of a qualifying additional disability resulting from VA medical care in January 1998.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's right hamstring disability, and a new VA examination is needed.

The Board has determined that the appellant qualifies as the Veteran's surviving spouse for purposes of eligibility for payment of VA benefits, including Dependency and Indemnity Compensation (DIC). The decision does not reach the merits of any underlying claim of entitlement to actual payment of DIC benefits.

The Board has determined that additional development is needed, including obtaining updated VA treatment records and scheduling VA examinations for the Veteran's knee and right foot bunion disabilities. The case will be returned to the Board after this development.

The Board found that the Veteran made an irrevocable election for Post-9/11 GI Bill education benefits effective August 27, 2012. However, due to unused MGIB benefits, he was only eligible for 19 days of these benefits.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim for recognition as the Veteran's surviving spouse for death benefits, resulting in a denial of her request.

The Veteran's current lung disease was not incurred or aggravated in service and it may not be presumed to have been incurred therein.

The Veteran withdrew his appeal regarding the claim for service connection for dry skin.

The Veteran's claim for service connection for mobility of teeth #11, 24, and 25 was denied as there is no indication that the loss of these teeth is due to loss of substance of the body of the maxilla or mandible. The lost masticatory surface can be restored by suitable prosthesis.

The Board has determined that the Veteran's endocarditis and immune thrombocytopenic purpura are not related to his active duty service, including as due to herbicide exposure. As a result, these conditions cannot be granted presumptively under VA law.

The Board found that the Veteran's death was not caused by any service-connected condition, including those presumed due to Agent Orange exposure. The cause of death was a massive stroke from a ruptured arteriovenous malformation.

The Veteran's claim for payment or reimbursement of unauthorized emergency medical services provided at South Lake Hospital on June 4, 2013 was denied because VA facilities were reasonably available and the Veteran elected to seek treatment from a non-VA provider. The requirements for payment under the Veterans Millennium Health Care and Benefits Act (Millennium Bill) were not met.

The case is being remanded for additional development of the Appellant's service records and to ensure all necessary actions are taken before further adjudication.

The Board has remanded the case for further development and an examination to assess the severity of the Veteran's nerve disability, including any occasional contracture of the left hand. The appeal is now pending again with the Board.

The Veteran's claim for an initial compensable rating for residuals of left hand fifth metacarpal fracture with traumatic arthritis and a compensable rating for bilateral foot dyshidrosis was denied. The disability ratings were assigned based on the severity of symptoms, functional impairment, and medical evidence.

The Veteran's claim regarding the recoupment of severance pay in the amount of $27,539.00 is being remanded for additional development.