Other conditions decisions — 2015

The Veteran's application for a VA annual clothing allowance was denied because he did not file an application within the required one-year period from the anniversary date of his service-connected disability, and thus did not meet the legal requirements for retroactive payment.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on January 10, 2012 was denied because prior authorization from VA was not provided. The Board found that the nearest VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable.

The Veteran seeks reimbursement for unauthorized medical expenses incurred on February 4, 2013 at Baptist Medical Center. The VA is remanding the case to consider the claim under 38 U.S.C.A. § 1728 and readjudicate it under 38 C.F.R. §§ 17.1000-1008.

The Veteran's chronic myelogenous leukemia was not found to be related to service, including presumed herbicide exposure in Vietnam.

The Board denied the Veteran's claims for service connection for residuals of a chemical burn to the left leg, as well as his requests for increased ratings for residuals of a left ankle fracture and right fourth finger fractures. The decision found that the presumptive service connection criteria were not met due to pre-existing conditions.

The Board denied the Veteran's claim for an earlier effective date than May 1, 2013, for additional compensation benefits based on recognition of J.Y.H. as his dependent spouse due to failure to notify VA within one year of receiving a nonservice connected pension award.

The Veteran's claim for an increased evaluation for his service-connected left hip strain with degenerative joint disease is being remanded due to the need for additional examination and treatment records.

The Veteran's bilateral deformity of the 5th toes, with painful callus at the base of the 5th toe, results in all his toes tending to dorsiflexion and some limitation of dorsiflexion at the ankle. The disability also includes shortened plantar fascia and tenderness under the metatarsal heads.

The Board determined that the creation of an overpayment for educational benefits was valid and properly created due to the Veteran's withdrawal from his courses after the drop period, despite his claims of mitigating circumstances.

The Board has determined that the surviving spouse's income from January 1, 2009 did not exceed the allowable VA income limit for entitlement to nonservice-connected death pension benefits.

The Board found no evidence of a cold injury during service and concluded that the Veteran's current numbness in toes and feet is not related to his active duty. The claim for service connection was denied.

The Board has remanded the case for additional development due to requests from the Veteran and his representative for records and an examination.

The Board has remanded the case for further development, including obtaining an opinion on whether the ovarian cyst disability is related to active duty or active duty for training.

The Board has denied the Veteran's claim for service connection as her right eye disability was not incurred in or aggravated by service.

The Veteran's cause of death, midbrain glioma, was not related to his military service or exposure to herbicides.

The Board has ordered a new VA examination to determine the etiology of the Veteran's ulcerative colitis, including whether it is related to his in-service electrocution injury and if it had its onset during service. The case will be returned for further review.

The Board finds that the Veteran's pelvic adhesions were aggravated by her active service, but cannot determine whether her endometriosis was aggravated or worsened during service.

The Veteran's death was ruled to be the result of his own willful misconduct, specifically driving at excessive speed and under the influence of alcohol. As such, it is not service-connected.

The Veteran's claim for a rating in excess of 40 percent for his service-connected right leg varicose veins was denied. The Board found that the evidence did not support a higher rating as there were no findings of stasis pigmentation, eczema, or persistent ulceration.

The Board has determined that the Veteran does not have a currently diagnosed eye disorder or ear disorder, and therefore cannot establish service connection for these conditions as secondary to his service-connected dystonia.