Other conditions decisions — 2015

The Veteran's death was not caused by a service-connected disability. The appellant is not eligible for nonservice-connected death pension benefits or accrued benefits due to the FVEC payment and lack of pending claims at the time of the Veteran's death.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and scheduling an eye examination.

The Veteran's cancer of the right breast, which necessitated a partial mastectomy, is related to her military service. The Board finds that service connection for cancer of the right breast is warranted.

The Board denied the reopening of a claim for service connection for chronic lymphocytic leukemia due to lack of new and material evidence, including statements from servicemen regarding herbicide exposure in Korea.

The Veteran's right eye condition deteriorated to the point that his sight could not be salvaged due to a scheduling error at VA, which caused additional disability. The Board has ordered further development including obtaining records and providing an opinion from a VA optometrist or ophthalmologist.

The Veteran's service-connected residuals of a gunshot wound to the left hand are currently rated at 10 percent, and there is no evidence that warrants an increased rating. The Board finds that the preponderance of the evidence does not support a finding of entitlement to a higher rating for this condition.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits as per VA regulations.

The case is being remanded for additional development and review of the Veteran's service records to determine if he has qualifying service for educational assistance under Chapter 33 of Title 38, United States Code (Post 9/11 GI Bill).

The Board denied the appellant's appeal as it was not timely filed, and thus the September 2011 RO decision denying VA benefits remains final.

The Board has determined that the appellant was permanently incapable of self-support prior to her eighteenth birthday due to a schizoaffective disorder, and thus is entitled to recognition as a helpless child for VA death benefits.

The Veteran's claim for a higher initial disability rating for residuals of laceration of left ring finger is being remanded due to the need for a videoconference hearing.

The Veteran's unauthorized medical expenses incurred at Highline Medical Center from April 23, 2012 to April 28, 2012 are denied as he has coverage under a health-plan contract for payment or reimbursement of the emergency treatment.

The Board has remanded the case due to a recent court decision requiring additional verification of the appellant's service. The claim will be returned for further development and consideration.

The Veteran's request for an extension of his delimiting date for receiving Chapter 30 educational assistance benefits beyond August 1, 2008 was denied as he did not provide good cause within the required one-year period.

The Board has granted a rating of 60 percent for residuals of left and right femur fractures, effective October 31, 2007.

The Veteran's emergency room treatment for blood in his urine on February 18, 2013 was not considered an emergency requiring reimbursement from VA. The treatment did not meet the criteria of being necessary due to a medical emergency and VA facilities were deemed feasibly available.

The Board denied the appellant's claim for recognition of her daughter as a helpless child prior to age 18, and also denied the issue regarding an effective date prior to July 2009 for nonservice-connected death pension benefits.

The Veteran's appeal for an initial compensable rating for her left ring finger fracture was denied by the Board. The VA examiner found that the Veteran has ankylosis of the distal interphalangeal joint, but it does not interfere with hand function and she retains full range of motion in other joints.

The Board granted a 10 percent schedular disability rating for scars, status post herniorrhaphy, left and right, with neuralgia of the ilio-inguinal nerve bilaterally. The decision also addressed entitlement to extraschedular ratings for hernia residuals and TDIU.

The appellant is not recognized as the Veteran's surviving spouse for purposes of receiving VA death benefits, service connection for the cause of the Veteran's death, or death pension benefits due to her not being married at the time of his death.