Other conditions decisions — 2015

The Board denied the appellant's application for VRAP benefits as his last period of service was dishonorable, which is a legal bar to eligibility.

The appellant's request for retroactive payments for Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code is being remanded due to the need for a videoconference hearing.

The Board has remanded the case for further development, including obtaining VA treatment records and seeking a medical opinion regarding the relationship between the Veteran's Crohn's disease and his service-connected back disability.

The Veteran's claim for reimbursement of unauthorized medical expenses at Cambridge Medical Center and St. Cloud Hospital was denied as he had coverage under a health-plan contract, which barred VA from covering the costs.

The Board denied the Veteran's claim for service connection for chronic lymphocytic leukemia, finding that there was no evidence of a causal link between his active duty service and the condition. The only medical opinion in favor of the Veteran was unfavorable.

The Veteran's prostate condition was not incurred or aggravated in active service, including as due to herbicide exposure. The claim for service connection is denied.

The Veteran's low back disability, characterized by spondylolisthesis and herniated nucleus pulposus, was found to not warrant an increased rating prior to May 3, 2010 or beginning May 3, 2010.

The Veteran's service-connected residuals of sprain, right thumb and residuals of flexor tendon injury, right index finger have been rated at the lowest possible level (10%) since their initial grant in January 2010. The VA has determined that these conditions do not warrant a higher rating based on current evidence.

The Board found the appellant's character of discharge from his last period of service to be under other than honorable conditions, which bars him from VA benefits for that period. The appeal is denied.

The Board found that the Veteran does not have a current right foot condition that is shown to be related to his in-service foot pathology, including residuals of right foot cellulitis.

The Board has determined that the creation of an overpayment in the amount of $1,778.29 due to VA's failure to withhold attorney fees was valid and is now remanding for issuance of a statement of the case.

The Veteran withdrew his appeal of the claim for service connection for PLS before a decision was made by the Board.

The Veteran's protein C deficiency is a congenital defect and not subject to compensation. The Board denied service connection for PTSD as the Veteran withdrew his appeal.

The Board found that the Appellant is not entitled to recognition as the Veteran's surviving spouse due to a separation from the Veteran in the early 1980s, which was not due to the Veteran's misconduct. The preponderance of evidence does not support her claim.

The Veteran died in a non-VA facility and was not service-connected for any disability at the time of his death. The Board finds that he did not meet the criteria for burial benefits under either service-connected or nonservice-connected provisions.

The Board has remanded the pension claim due to new information about the Veteran's incarceration and his dependent children.

The Veteran's claim for earlier effective date of additional compensation for dependent children L.K. and J.K. was denied as the criteria were not met, with the earliest possible effective date being January 1, 2009.

The Board has decided that more information is needed regarding the Veteran's hand disability, and a remand is ordered to allow for further examination and consideration of his claim.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected ischiorectal fistula and post-surgical scar.

The Veteran's appeal is being remanded to the St. Petersburg RO for scheduling a Travel Board hearing due to his request for rescheduling of an earlier scheduled hearing.