Other conditions decisions — 2015

The Board has granted an extension of the delimiting date for DEA benefits from December 25, 2012 to August 10, 2013.

The Board denied the Appellant's appeal as her substantive appeal was not filed within the required time frame, and thus the March 2010 decision denying death pension benefits remains final.

The Veteran's surviving spouse was receiving nonservice-connected death pension and aid and attendance benefits. The appellant claims reimbursement for medical expenses incurred by the surviving spouse in 2010, but these expenses were not reimbursed as she did not have a pending claim at the time of her death.

The Board denied the Appellant's request to extend the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to lack of legal authority and evidence showing a physical or mental disability prevented her from using her DEA benefits prior to October 21, 2007.

The Board denied the Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, beyond July 1, 2011, as his eligibility period had expired.

The Veteran's application for increased educational benefits under the Post-9/11 GI Bill was denied because he elected to receive Chapter 33 benefits in lieu of Chapter 1607 benefits, which made him ineligible for additional education assistance.

The Veteran's bilateral foot disability, specifically Morton's neuroma, is rated at 10 percent. The evidence does not support a higher rating.

The Board found that the earlier grant of service connection for advanced chronic/active periodontal disease was clearly and unmistakably erroneous, and thus severed it effective October 1, 2010.

The Board has determined that there is insufficient information in the file to make a determination on the merits of the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Mt. Carmel Hospital on August 23, 2012. The case is being remanded for further development.

The Board has determined that the Veteran's bilateral leg disorder did not manifest during his active duty for training or within one year after separation from service, and is therefore denied as service connection.

The Veteran's service-connected gastritis disability is rated at 30 percent and effective from the date of claim, November 28, 2011. The TDIU claim was granted effective June 19, 2014.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records. The Veteran's claim of service connection for dysarthria (claimed as stroke) is pending.

The Veteran's right elbow tendonitis with degenerative joint disease was rated at 30% prior to July 1, 2009 and increased to 40% from December 9, 2013. The rating remained denied for periods in between.

The Board finds that the Veteran's myocardial infarction was not incurred in or aggravated by service and is not otherwise etiologically related to service, including as secondary to any service-connected disability.

The Board has remanded the case due to insufficient opinion regarding the Veteran's skin disorder, specifically his basil cell carcinoma. The Veteran is seeking service connection for a skin disorder that he claims developed from sun exposure and/or herbicide exposure.

The Veteran's appeal is being remanded due to the cancellation of his scheduled Board hearing. The case will be processed in accordance with established appellate practices.

The Board denied the Veteran's claim for an earlier effective date for payment of additional dependency allowance for a minor child, A.K.A., finding that there was no evidence to support filing prior to April 2010.

The Veteran's unauthorized medical expenses for emergency room treatment on January 18, 2010 are granted as she was an active participant in VA healthcare and personally liable for the cost of the treatment.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed disability, including whether it is related to her service-connected disabilities.

The Veteran's claims for a compensable rating for malaria and residuals of a left ring finger laceration were granted. The claim for service connection for tinnitus was reopened, but the new evidence did not relate to unestablished facts necessary to substantiate the claim.