Other conditions decisions — 2015

The Veteran's appeals for initial ratings in excess of 10 percent for arthritis of the right and left thumbs have been dismissed due to his withdrawal of the appeal.

The Board denied the Veteran's claim for VA pension benefits due to his character of discharge being a bar, as he received an under other than honorable conditions discharge.

The Board has granted service connection for avascular necrosis of the bilateral hips, finding that it is more likely than not related to the Veteran's presumed exposure to Agent Orange during his service in Vietnam.

The Veteran's request for a waiver of overpayment was denied as it was not made within the 180-day time limit mandated by law.

The Veteran's appeal for a waiver of recovery of an overpayment of pension benefits was dismissed due to the death of the Veteran.

The Veteran's claim for service connection for chronic bone deterioration was denied as there is no evidence of a current disability and the Board found that any such condition was not incurred in or caused by an event, injury, or disease during his military service.

The Board has reopened the Veteran's claim for service connection for a skin disorder and remanded it to the AOJ for further development, including obtaining additional medical records and providing the Veteran with another opportunity to submit evidence.

The Veteran's claim for special monthly pension based on the need for aid and attendance or housebound status is being remanded due to the need for additional development, including obtaining private medical records and a VA examination. The Veteran also needs his nonservice-connected disabilities evaluated.

The Board has granted the appellant's claim for increased nonservice-connected death pension benefits from February 1, 2009.

The appellant is not eligible to receive accrued benefits as he did not bear the expense of last sickness or burial of his deceased relative. The claim for accrued benefits is denied.

The Veteran's cause of death was chronic myelomonocytic leukemia, which the VA medical advisory opinion found not related to service. The Board denied the claim as there is no evidence linking the cause of death to service.

The VA denied the appellant's request for a waiver of recovery of an overpayment of $352 in her VA death pension benefits due to income exceeding the maximum annual limit, and the Board found that recovery would not be against equity and good conscience.

The Board has found that the Veteran's current skin disorder is related to active service, resolving all reasonable doubt in his favor.

The Board found that the Veteran's pancreatic cancer, which was not service-connected at the time of his death, did not manifest during or as a result of his period of active service, including exposure to herbicide agents in Vietnam. The cause of death is therefore not deemed to be related to service.

The Veteran's application for educational assistance under the Post-9/11 GI Bill (Chapter 33) was granted, but he elected to receive Chapter 33 benefits in lieu of Chapter 1607 benefits. The kicker payments were terminated as the Veteran did not elect to relinquish Chapter 1606 benefits when applying for Chapter 33 benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Bay Medical Center on September 18, 2010 was denied because VA facilities were feasibly available to provide the required medical care.

The Veteran's unauthorized medical expenses incurred at Faith Regional Hospital on May 26, 2011 are approved as the emergency treatment was necessary and VA facilities were not feasibly available.

The Board has determined that the criteria for entitlement to a Government-furnished memorial headstone or marker have been met, and thus grants the appellant's claim.

The Veteran withdrew his appeal on the claim for reimbursement of unauthorized medical expenses incurred from Vero Beach Cardiovascular Associates on April 25, 2011.

The Veteran's appeal for payment or reimbursement of unauthorized dental expenses incurred at Southington Dental Associates on July 25, 2013 has been withdrawn and thus the case is dismissed.