Other conditions decisions — 2015

The Board denied the appellant's application to reopen a previously disallowed claim for service connection for the cause of the Veteran's death, finding that no new and material evidence had been submitted.

The Board found that the appeal was untimely and dismissed it.

The Veteran's dental expenses for a gingival graft to tooth #14 at Northeast Periodontal Associates, P.A., in Bangor, Maine on September 17, 2010 are granted as the claim is considered valid due to prior authorization.

The appellant did not have any service in the Armed Forces of the United States and therefore does not qualify for VA benefits.

The Veteran's claim for payment or reimbursement of medical expenses at The Villages Regional Hospital is being remanded due to a lack of clarity regarding his third-party insurance coverage in December 2011. The AOJ will verify the status of his insurance and address all criteria under 38 C.F.R. § 1725.

The Veteran's claim for service connection for myelodysplastic syndrome (MDS) is being remanded due to the need for a VA examination to determine if his MDS was caused by exposure to herbicides or benzene during military service.

The Board has granted the appellant's claim for an award of Chapter 33 education benefits under the Post-9/11 GI Bill for his program of commercial flight training, with a limit on the amount per academic year.

The Veteran's death occurred prior to the effective date of a law that allows for government-furnished headstones or markers in private cemeteries. Therefore, the claim is denied.

The Board found the overpayment valid and denied a waiver of recovery due to fault on the part of the Veteran, no undue hardship, and unjust enrichment.

The Board denied the Veteran's claims for higher evaluations for his service-connected left and right knee PFS, as well as his claim for a TDIU. The ratings for both knees remain at 20% and 10%, respectively, with a combined rating of 30%. The Veteran's employment is not precluded by his disabilities.

The Board finds that the Veteran does not have a current stomach disorder or esophageal lesions, and there is no medical evidence linking these conditions to service. The VA examinations did not find any relationship between the Veteran's service-connected PTSD and his GERD.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected calluses, finding that they did not render him unemployable.

The Board found that there is insufficient evidence to warrant or confirm a diagnosis of an acute or chronic disease, disability, or its residuals. The Veteran's right arm condition was attributed to the removal of his antecubital and radial veins and radial artery during service due to infection, but subsequent examination did not show any residual disabilities.

The Veteran's appeal is being remanded for further development and adjudication, including obtaining CT scan films from his active duty service in 1994 to determine if a schwannoma of the trigeminal nerve was present. The issue of entitlement to service connection for a cervical spine disability will not be addressed as it has been abandoned by the Veteran.

The Veteran's death pension benefits were properly calculated, and the claim for an increased rate of pension based on unreimbursed medical expenses is denied.

The Board has determined that the Veteran's current right hip disability is not related to service, and thus denied the claim for service connection. However, the case is being remanded for further examination and opinion.

The Board denied the appellant's request for an extension of her DEA benefits beyond November 10, 2009 as she did not qualify under the circumstances outlined in VA regulations.

The Veteran's colon cancer and non-Hodgkin's lymphoma are found to be the result of in-service exposure to chemicals at Camp Lejeune, North Carolina. Service connection is granted for these conditions.

The Veteran's squamous cell carcinoma at the base of the tongue/oral pharynx was not incurred in or aggravated by his active duty service, nor is it otherwise related to his military service.

The Board denied the Veteran's claim for recognition of L. as his spouse due to a lack of valid divorce documentation from P., who was previously married and divorced in April 1992.