Other conditions decisions — 2015

The Board has reopened the claim of service connection for leukopenia due to radiation exposure, as new evidence submitted raises a reasonable possibility of substantiating the claim.

The Veteran withdrew his appeal before the Board could make a decision, citing his near retirement and medical retirement from federal employment.

The Veteran's nonservice-connected pension benefits were terminated due to excessive countable income as of April 1, 2012. The Board found that the termination was proper based on the evidence showing the Veteran's annual income exceeded the applicable maximum annual pension rate.

The Board has determined that the appeal should be remanded to clarify the legal basis for denying basic eligibility under Chapter 30 of VA educational assistance benefits, and to provide proper notice of the reasons underlying the denial.

The Veteran's service-connected temporomandibular joint dysfunction has been granted, and her claim for an increased rating for dry eye syndrome is also granted.

The Veteran's mood disorder NOS symptoms have more nearly approximated total occupational and social impairment, warranting a 100 percent disability rating since November 4, 2011.

The Veteran's daughter seeks accrued benefits for unreimbursed medical expenses from 2011 and 2012. The claim is denied as there were no pending claims at the time of the Veteran's death, and the appellant did not file a claim for exclusion of unreimbursed medical expenses until after the Veteran's death.

The Veteran's appeal is being remanded due to the need for additional development, including securing VA medical records from February 8, 2013 at Bay Pines VAMC and St. Petersburg General Hospital.

The Veteran's claim for Post-9/11 GI Bill benefits paid retroactively for on-the-job training at the Diplomatic Security Training Center from October 25, 2010 to May 19, 2011 was denied as he filed his application more than one year after completing the training.

The appellant is not eligible for accrued benefits as a child of the Veteran due to his age and status. The claim was filed after one year from the date of death, thus denying the appeal.

The Veteran's death did not meet the criteria for payment of nonservice-connected burial benefits as he was not receiving VA pension or compensation at the time of his death, and no other conditions were met.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from September 10, 2012 to September 15, 2012, for inpatient treatment at Villages Regional Hospital was denied due to untimely submission of bills.

The Veteran's educational assistance benefits under Chapter 33 of the Post-9/11 GI Bill were denied because his training at the DSTC was more than a year prior to his initial claim for VA education benefits.

The Veteran died from dementia and was buried in Hawaii. The appellant claimed he paid for the burial, but a mortuary receipt indicates that another individual paid for it. As the appellant's funds were not used to pay for the burial expenses, he is not eligible for nonservice-connected VA burial benefits.

The Veteran died of a non-service-connected cause and was buried in a private plot. The appellant received $1,000 for burial benefits as the maximum allowed under VA regulations.

The Board has determined that the Veteran is eligible for educational assistance under Chapter 30 of Title 38 of the United States Code (Montgomery GI Bill) while on active duty and in receipt of educational assistance from a state grant program, resolving doubt in his favor.

The Board found that VA is not required to waive the copayment for prescriptions filled through VA, as the amount charged by VA was sufficient prior to March 18, 2011. After this date, the amount charged did not cover the Veteran's copayment.

The Veteran's spinal stenosis at L4-5 was evaluated as 10 percent disabling from November 30, 2001 to August 28, 2008; as 20 percent disabling from August 28, 2003 to November 19, 2008; and as 40 percent disabling from November 19, 2008. The current rating of 40 percent is affirmed.

The Board has granted a 70 percent rating for dysthymia effective June 19, 2000 and assigned an effective date of June 19, 2000 for the TDIU.

The Board found that the Veteran's Non-Hodgkin's Lymphoma was not incurred or related to service, and specifically denied service connection based on exposure to herbicides or radiation.