Other conditions decisions — 2015

The Veteran's Army National Guard service during specific periods satisfies the statutory definition for active duty, allowing him to be eligible for educational benefits under the Post-9/11 GI Bill.

The Veteran's appeal is denied as he has no legal entitlement to additional VA educational assistance beyond the 9 months and 0 days already transferred under Chapter 33.

The Board has determined that the Appellant is not the Veteran's surviving spouse for VA purposes due to her remarriage.

The Veteran's appeal is being remanded due to the need for additional development regarding whether he had health insurance and/or private health coverage at the time of his treatment, as well as consideration of the facts that emerged during the hospitalization.

The Veteran is seeking reimbursement for unauthorized medical expenses incurred at Good Samaritan Hospital. The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's condition had stabilized and if he could have been transferred to a VA facility.

The Veteran's case is being remanded for further action due to the need for representation review and potential additional evidence submission.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Citrus Memorial Health Foundation from August 26, 2013, to September 5, 2013 was granted as a timely claim was filed.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains to adjudicate the merits of this claim.

The Board has remanded the case for further development due to an error in uploading the Veteran's paper claims file into the VA electronic system. The claim will be reconsidered based on additional evidence and information.

The Board has denied the appellant's claim for VA educational assistance under the provisions of the Montgomery GI Bill due to a lack of qualifying active duty service on or after September 11, 2001. The appellant did not perform federal active duty service other than active duty for training in 1996.

The Veteran's coccidioidomycosis has not demonstrated chronic pulmonary mycosis requiring suppressive therapy with no more than minimal symptoms such as occasional minor hemoptysis or productive cough, and thus the current 30 percent rating remains appropriate.

The Veteran's service-connected choroidoretinitis of the right eye is currently rated at 10 percent, and his pre-service visual acuity was also 20/200. Therefore, he is entitled to a 10 percent disability rating.

The Veteran's unauthorized private dental expenses incurred on November 19, 2009 and February 9, 2010 are denied as prior authorization was not obtained through VA facilities.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that the esophageal cancer was not related to his active service.

The Veteran's request for reimbursement of medical expenses at a private hospital from September 28, 2014 to October 1, 2014 is pending and needs further action due to the need for a hearing before a Veterans Law Judge.

The Board found that there is no probative evidence showing the Veteran's lung condition was incurred in service, including as due to environmental exposures during his service in the Gulf War. As such, the claim for service connection for a lung condition is denied.

The Veteran's appeal is being remanded for a VA examination to assess the current severity of his service-connected left foot bunion. The rating and effective date will be determined after the examination.

The Board has determined that the Veteran does not have currently diagnosed ALS, residuals of cold exposure, or allergies. The claim for respiratory problems is denied as there is no competent evidence linking these conditions to service.

The Board has remanded the case for additional development to include obtaining updated income and expense information from both the appellant and the Veteran, as well as considering entitlement to a general apportionment under 38 C.F.R. § 4.450.

The Board dismissed the appeal due to the death of the appellant.