Other conditions decisions — 2015

The Veteran's adjustment disorder with depressed mood is currently rated as 30 percent disabling, which meets the criteria for a higher initial rating.

The Veteran's nonservice-connected pension benefits were improperly terminated on March 1, 2003. The Board found that the termination was improper due to the Veteran not receiving a request for an eligibility verification report and therefore restored the pension benefits.

The Veteran withdrew his appeal for the permanent and total rating for Stage II grade I, B-cell follicular Non-Hodgkin's Lymphoma.

The Board determined that the appellant's character of discharge was under other than honorable conditions due to willful and persistent misconduct, but found no evidence of insanity at the time. The appeal is denied.

The Veteran's acquired psychiatric disability, diagnosed as dysthymic disorder, is currently rated at 50 percent disabling. The Board finds that the evidence does not support an increase in rating to a higher level.

The Board found that the Veteran's election of Post-9/11 GI Bill benefits effective April 1, 2011 was irrevocable and denied his request to receive payment for his January 2012 enrollment under Chapter 30.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of entitlement to VA benefits due to her failure to continuously cohabitate with the Veteran from the date of their marriage until his death.

The Veteran's squamous cell carcinoma of the tonsils was not present in service or until years thereafter and is not etiologically related to service, including presumed exposure to herbicides.

The Veteran's application for VA educational assistance benefits under the Veterans Retraining Assistance Program (VRAP) to attend Washington Adventist University's Licensed Clinical Professional Counselor (LCPC) Licensing Program was denied because the school is not a community college or technical school as required by the program.

The Veteran's unauthorized medical expenses incurred at Sparrow Hospital on April 12, 2012 were denied because the treatment was for a non-emergent condition and a VA facility was available to treat it.

The Board finds that the preponderance of the evidence is against the Veteran's claim of entitlement to compensation under 38 U.S.C.A. § 1151 for hidradenitis suppurativa following surgery in October 2006, as it was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran withdrew his appeal requesting an earlier effective date for the grant of service connection for impotency with penile prosthesis.

The Board found that the Veteran does not have asbestosis and his currently-diagnosed chronic obstructive pulmonary disease (COPD)/emphysema is not related to or the result of asbestos exposure or any other incident of his service.

The Board has denied the appellant's request for attorney fees from past-due benefits arising from the award of a temporary total disability rating for purposes of convalescence following surgery. The appeal is dismissed.

The Board has determined that the arthritis of the Veteran's feet does not result in symptoms or manifestations separate from those already associated with his service-connected pes planus and is therefore not entitled to a separate compensable rating.

The Board has remanded the case for further proceedings due to a need for additional medical examination and development of records.

The Board has remanded the case for additional development, including obtaining VA treatment records and SSA records. A VA examination is also required to determine if the Veteran currently has or ever had otitis media during service.

The Veteran's bilateral eye disability is currently rated as 10 percent disabling under DC 6009, and his headaches are not compensably rated. The evidence does not support a higher rating for either condition.

The Veteran's claims for earlier effective dates and increased ratings were denied, as well as his requests for SMC based on aid and attendance or housebound status, SAH, adaptive housing, adaptive automobile, prurigo nodularis, GERD, viral hepatitis, and TIA.

The Veteran's appeal has been dismissed due to his death. The claim for automobile and adaptive equipment or adaptive equipment only is moot.