Other conditions decisions — 2015

The Veteran's patellofemoral syndrome of the right knee was manifested by subjective complaints of pain, stiffness, weakness, decreased speed, and limited flexibility. The clinical evidence showed range of motion from 0 to 90 degrees in flexion and 10 to 0 degrees in extension. Based on these findings, an initial rating in excess of 10 percent disabling for the period from January 15, 2008 until April 14, 2010 is denied.

The Board found that the appellant's character of discharge as under other than honorable conditions constitutes a bar to basic eligibility for VA benefits due to his AWOL periods and acceptance of an undesirable discharge.

The Veteran's appeal is remanded due to the need for a new VA examination and clarification of the appropriate rating code.

The Veteran's carcinoma of the left tonsil is being remanded for a VA examination to determine if it may be related to his military service, including herbicide exposure.

The Board has determined that additional development is necessary before the appeal can be further considered, including obtaining medical records and information regarding the appellant's criminal charges.

The Board denied the Appellant's claim for accrued benefits as there were no pending claims or unpaid benefits at the time of her mother's death.

The Veteran's death was caused by his service-connected myelodysplastic syndrome and acute myelogenous leukemia, which were presumed to be due to Agent Orange exposure. The appellant is also granted accrued benefits for MDS and AML.

The Veteran's service does not qualify for Post-9/11 GI Bill educational assistance benefits as he did not serve the required active duty after September 10, 2001. The Board finds him ineligible.

The Veteran's claim for VRAP eligibility is being remanded due to the need for additional records and a supplemental statement of the case.

The Veteran's request for an extension of the delimiting date for Montgomery GI Bill (MGIB) education benefits was denied as his application was not timely and he did not meet the requirement of physical or mental disability that prevented him from initiating or completing the chosen program.

The Board has remanded the case for additional development, including obtaining private treatment records and addressing the Veteran's concerns regarding VA dental treatment. The appeal is currently in a pending state.

The Board has determined that further development is needed to address the Veteran's cardiac disability claim and determine if his service-connected conditions contributed to his death. The case is being remanded for additional examination and opinion.

The Veteran's claim for educational assistance at the 100 percent rate under the Post-9/11 GI Bill was denied as he did not meet the required length of service (at least 36 months) to qualify for this benefit.

The Board has determined that the Veteran's current diverticulitis is not related to service, including his in-service treatment for urinary tract infections and a possible poisoning incident. The evidence does not support a finding of service connection.

The Veteran's unauthorized medical expenses at St. Mary's of Michigan were denied as VA facilities were feasibly available and the emergency treatment was not rendered in a true medical emergency.

The Board found that the Veteran's evisceration of his right eye was not caused by VA medical care, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran did not have qualifying wartime service and was not receiving or entitled to receive compensation for a service-connected disability based on service during a period of war. Therefore, the appellant's son (C.J.N.) is not eligible for VA death pension benefits as a helpless child.

The Board has remanded the case for further development due to outstanding VA treatment records.

The Veteran's chronic carcinoma of the bladder is being referred to the Under Secretary for Benefits for further consideration due to potential exposure to ionizing radiation during service. The case will be remanded for this review and possible grant of service connection.

The Veteran's unauthorized medical expenses for emergency treatment of a severe hand infection at Florida Hospital Flagler were approved due to the severity and urgency of his condition, as well as the unavailability of VA facilities within a reasonable distance.