Other conditions decisions — 2015

The Veteran's claim for service connection for tonsillar cancer, claimed as respiratory cancer and due to herbicide exposure is being remanded for additional development.

The Veteran's service-connected degenerative joint disease of the right big toe is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher evaluation.

The Board has remanded the case due to missing records from S.J.H. in Springfield, Illinois related to the Veteran's treatment for ALL prior to his death.

The Board denied the appellant's claim for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code because the Veteran did not file a claim for service connection during his lifetime and the appellant was over the age of 26 at the time her father died.

The Veteran's right and left knee disabilities are rated at 20 percent for instability, with the right knee receiving a separate rating of 10 percent for flexion limitation. The current ratings reflect the severity of his symptoms as they do not exceed what is currently assigned.

The Veteran's request for waiver of recovery of an overpayment of VA education benefits was denied because it was not submitted within the 180-day time limit following notification of the debt.

The Board has remanded the case due to insufficient documentation of the Veteran's service eligibility for Post-9/11 GI Bill educational assistance. The RO must obtain verification from the National Guard or other appropriate authority regarding the legal basis for the Veteran's active duty and determine if it qualifies as qualifying service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for treatment received at North Ottawa Community Health Center on April 23, 2013 is granted as all criteria under 38 U.S.C.A. § 1725 have been met.

The Veteran's request for an annual clothing allowance is being remanded due to the need for a Board videoconference hearing.

The Veteran died in 1969 and is buried in a private cemetery with a privately purchased headstone. As he died before November 1, 1990, VA cannot provide a government-furnished headstone or grave marker.

The Board finds that the services provided at a non-VA facility on September 30, October 1, and October 3, 2013 were within the scope of prior authorization for 'evaluation and recommendations' due to the clinical necessity of an Octreotide scan.

The Veteran's claim for an initial compensable rating for tardive dyskinesia was granted, but the effective date remains August 18, 2011.

The Board has remanded the case for additional development due to conflicting information regarding the Veteran's service in Japan. The claim will be reconsidered based on this new information.

The Board has determined that the appellant's amended expense reports for 2002 through 2007 were not timely submitted, and thus the appeal is denied.

The Board has remanded the Veteran's claim due to incomplete service treatment records and the need for a new medical opinion regarding the relationship between his current back disorder and his military service.

The Veteran's surviving spouse, who died in December 2010, had accrued benefits totaling $28,431. After paying $13,006.25 for reimbursement of final expenses from an account held jointly with the appellant, there is a balance of $15,424.75 remaining. The Board has determined that the appellant can be reimbursed up to $380 for adult day care expenses paid by her mother's joint account.

The Veteran was not entitled to an educational benefit payment rate greater than $515.55 per month for the period from October 23, 2011 to September 30, 2012, or a payment greater than $547.40 for the period from October 1, 2012 to October 21, 2012.

The Veteran's claim for reimbursement of educational assistance benefits under the Montgomery GI Bill (MGIB) for LAC fees related to his Real Estate Salesperson license test administered in 2007 is denied as it was not filed within one year of the test/examination.

The Veteran's appeal is being remanded for additional development, including obtaining a medical opinion regarding the relationship between his service-connected traumatic brain injury and his current mixed dementia. The RO must also consider whether extraschedular consideration should be granted.

The Board has determined that the Veteran's current bilateral foot disorder is not related to his service, and therefore denied his claim for service connection.