Other conditions decisions — 2015

The appellant has withdrawn her appeals for accrued benefits, death pension benefits, and DIC based on service connection for the cause of the Veteran's death. As such, these issues are dismissed.

The appellant's claim for educational assistance under the Post-9/11 GI Bill is denied as he does not have qualifying active service to meet eligibility requirements.

The Veteran's unauthorized medical expenses incurred on September 28, 2012 were denied as the treatment did not meet the criteria for emergency care and there was no evidence of a prudent layperson expecting delay in seeking immediate medical attention to be hazardous.

The Board has granted an effective date of January 21, 2010 for the increased evaluation from 10 percent to 20 percent for radiculopathy of the left lower extremity.

The Veteran's claim for a disability evaluation in excess of 70 percent for his total right hip arthroplasty from March 9, 2005 was denied. The VA determined that the current rating adequately reflects the severity and effects of the condition.

The Veteran's claim for payment of private medical expenses incurred at a non-VA facility on March 10-11, 2013 is denied because VA facilities were feasibly available and an attempt to use them beforehand would not have been considered hazardous to life or health.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 16, 2010 at the Billings Clinic Hospital was denied because prior authorization from VA was not obtained and he did not meet the criteria under 38 U.S.C.A. § 1725 for reimbursement.

The Veteran's skin cancer was not found to be related to his active duty service, including herbicide exposure. The Board denied the claim for service connection.

The Veteran's appeals for clothing allowances for the years 2013 and 2014 have been dismissed due to withdrawal of appeal.

The Veteran's psychosis condition, which is service-connected at a 100% rating, allowed for payment or reimbursement of unauthorized medical expenses incurred on January 26, 2013 due to an emergency medical condition.

The Board has determined that the appellant was not prevented from completing her chosen program of education due to a physical or mental disability, and thus an extension of the delimiting date beyond July 10, 2014 is denied.

The Veteran's appeal is being remanded for further development and adjudication due to the need for a VA examination.

The Veteran's claim for increased ratings for dextroscoliosis with DJD, L5-S1, and an extraschedular evaluation for DJD of the left ankle was denied.

The Veteran's bilateral upper extremity paralysis was due to an event not reasonably foreseeable caused by his February 2009 VA cardiac surgery, and the Board finds that this meets the criteria for compensation under 38 U.S.C. § 1151.

The Veteran's claim for higher educational assistance benefits under the Post-9/11 GI Bill is denied as there is no legal basis to find him eligible for a benefit level in excess of 70 percent given his character and nature of discharge.

The VA denied the Veteran's claim for service connection for chronic conjunctivitis, finding no current disability and insufficient evidence linking any diagnosed eye condition to his military service.

The Board has found that the validity of the overpayment debt must be addressed before further consideration of the waiver issue. The Veteran is asked to complete an updated financial status report and the case will be returned for readjudication.

The Board finds that the reduction in the evaluation of the Veteran's service-connected eye disability from 40 percent to 10 percent effective October 1, 2008 was proper. The evidence established both objective improvement and an increase in the Veteran's ability to function at work and home.

The Veteran's post-traumatic arthritis of both knees is currently rated at 10 percent, and the evidence does not support a higher rating.

The Veteran's claim for a higher initial rating for his service-connected retinopathy is being remanded due to the need for additional examination and development of medical records.