Other conditions decisions — 2015

The Board denied the appellant's claim for educational assistance under Chapter 1606 and/or Chapter 1607, Title 10, United States Code after September 8, 2012 due to lack of entitlement under the law.

The Veteran's application for VA payment or reimbursement for private medical services provided on February 8, 2013 was denied because the claim was not timely received.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred on March 2, 2012, for treatment of right eye retinal tears. The Board finds that additional development is needed to determine if the Veteran was enrolled in the VA healthcare system and received medical services within the 24 months prior to the incident.

The Board finds that the Veteran does not have a current diagnosis of malaria or arthritis, and thus cannot establish service connection for these conditions. The claims are denied.

The Board found that the Veteran's service-connected disabilities did not cause his death, as they were not shown to have caused or substantially contributed to his deep mutilating injury.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that an apportionment of the Veteran's VA compensation benefits in the amount of $108 per month is warranted for the support of his child DDR from May 11, 2009 through May 30, 2012.

The Veteran's dental disability, including periodontal disease and loss of teeth, is not a condition for which VA compensation benefits are payable.

The Veteran's surviving spouse is seeking service connection for hairy cell leukemia, claimed as due to Mustard Gas exposure. The case has been remanded for a videoconference hearing.

The Board found that the overpayment of Chapter 30 educational assistance benefits in the amount of $33,002.80 for the period from June 1999 to October 2002 was not properly created and dismissed the issue of waiver of recovery.

The Board has determined that the Veteran's squamous cell carcinoma of the lower lip is not related to his military service, including exposure to herbicides like Agent Orange. The claim for service connection is denied.

The Veteran's claim for a compensable disability rating for his service-connected left tibia and fibula fracture was granted, with a 10% rating effective from May 2012 when he received a TDIU.

The Board has determined that the Veteran's adjustment disorder preexisted military service and was aggravated by service, thus granting service connection for a psychiatric disorder.

The Board has remanded the case due to a request for a hearing at the Montgomery RO, and the Veteran's current address of record.

The appellant is not eligible for recognition as the helpless child of the deceased Veteran for the purposes of obtaining DIC.

The Veteran's service-connected giardiasis and recurrent incisional hernia have worsened since his last VA examination, over six years ago. The TDIU claim is inextricably intertwined with the other claims on appeal and must be remanded also.

The Veteran's schizophrenia caused occupational and social impairment, but not total, with deficiencies in most areas such as work, school, family relations, judgment, thinking and mood. The claim for an initial rating higher than 30 percent for schizophrenia is granted.

The Veteran's appeal was dismissed due to the death of the appellant, and thus the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board denied the appellant's request for an earlier effective date for DIC benefits based on service connection for the cause of her husband's death, finding that the earliest possible effective date is April 28, 2003.

The Board has determined that a VA examination is needed to determine the relationship between the Veteran's hypertension/hypertensive cardiovascular disease and his presumed herbicide exposure during service. The case will be remanded for this purpose.