Other conditions decisions — 2015

The Veteran is not entitled to Chapter 30 education assistance benefits due to her discharge from service for misconduct.

The Board denied the appellant's request for an earlier effective date for death pension benefits, finding that the February 2005 denial of his March 2004 claim is final and no award based on this claim was made. The effective date for the grant of death pension benefits is set at October 18, 2006.

The Board has ordered a remand due to the Veteran not reporting for a VA examination scheduled in November 2012. The case is now being returned to the AOJ for further action.

The Veteran's emergency medical care for abdominal pain, difficulty swallowing, and shortness of breath was reimbursed by VA as it met the criteria for reimbursement under 38 U.S.C.A. § 1725.

The Veteran's Raynaud's disease is currently rated at 60 percent, effective June 22, 2007. The rating for irritable bowel syndrome remains at 30 percent.

The Board has determined that the Veteran's current right leg condition is not related to his service-connected stress fracture of the left tibia and therefore denied his claim for service connection.

The Veteran's cold injury residuals of the right and left lower extremities have been granted a maximum evaluation of 30 percent, effective May 2, 2012.

The Board has ordered the Department of Veterans Affairs (VA) to obtain all relevant VA medical records and private treatment records for gout since March 2011. The Veteran's claim for an increased rating in excess of 20 percent for his service-connected gout is being remanded due to incomplete record development.

The Board has determined that the Veteran's squamous cell carcinoma of the left tonsil is related to exposure to herbicides in service, and thus grants service connection for this condition.

The Board has remanded the case for further development due to inadequate examination and failure to comply with prior remand orders.

The Veteran died from a head injury with subdural hematoma. The Board found that the criteria for DIC benefits under 38 U.S.C.A. § 1318 were not met due to lack of continuous total service-connected disability.

The Board has remanded the case to the RO for a VA medical opinion regarding whether the Veteran's squamous cell carcinoma of the oropharynx may be related to his presumed in-service exposure to herbicides, specifically Agent Orange. The claim will be readjudicated after obtaining this opinion.

The Board denied the waiver of overpayment in the amount of $31,435.00 due to lack of fault on the part of the appellant and no indication of fraud, misrepresentation or bad faith.

The Board found that the Veteran has a diagnosis of Behcet's disease, which is related to her military service and granted her claim for service connection.

The Veteran's appeal is being remanded due to the need for additional development, including a review of his claims file and an addendum opinion from the VA examiner.

The Board denied the Veteran's claim for an earlier effective date for service connection of right inguinal hernia, finding that there was no clear and unmistakable error in the September 1949 rating decision denying service connection. The effective date remains December 15, 2010.

The Veteran's dental disability, missing tooth number 8, is not considered a compensable disability for VA compensation purposes as it is replaceable and does not involve loss of substance of the maxilla.

The Board denied the Veteran's claim for an earlier effective date of November 15, 1999 for additional dependency benefits for his daughter due to failure to respond within one year to VA requests for a certified copy of her birth certificate.

The Veteran's appeal is being remanded to clarify his representation and provide him with a copy of the last adjudication in the current appeal. The North Carolina Division of Veterans Affairs will be given an opportunity to submit arguments on behalf of the Veteran.

The Veteran's appeal is being remanded for additional development of the record, including obtaining VA treatment records and scheduling a VA examination to assess his psychiatric disabilities.