Other conditions decisions — 2015

The Veteran's claim for an increased rating in excess of 10 percent for his service-connected Escherichia Coli (E. Coli) infection residuals was denied as the current array of symptoms is not attributable to his E. Coli infection residuals, and in the alternative, such symptoms do not warrant a higher rating under the appropriate ratings criteria.

The Board has determined that the appellant is not recognized as the Veteran's surviving spouse for purposes of receiving VA Dependency and Indemnity Compensation (DIC) benefits due to a lack of legal marriage prior to the Veteran's death.

The Veteran's claim for service connection for CLL was denied in March 2004. The claim was reopened and granted effective November 17, 2010. An earlier effective date is not established as the grant of service connection was based on new evidence submitted after the original denial.

The VA terminated the appellant's death pension benefits due to her income exceeding the maximum annual pension rate for a surviving spouse with no dependents.

The appellant is not recognized as the Veteran's surviving spouse for purposes of receiving VA death benefits because she was divorced at the time of his death.

The Veteran withdrew their appeal regarding the waiver of recovery of an overpayment of VA nonservice-connected pension benefits, in the amount of $51,867.00.

The Veteran's claim for an extension of his delimiting date for Chapter 30 educational assistance benefits beyond July 1, 1997 is denied as the criteria are not met.

The Veteran's request for a transfer of educational benefits to her daughter was not approved by the service department, and thus she is not eligible for these benefits.

The Board has remanded the case due to scheduling issues and requests for documents. The appellant's hearing is scheduled via videoconference technology.

The Veteran's benign prostate hypertrophy was not incurred in service and is not etiologically related to an in-service injury, event, or disease. The Board finds the VA examiner's opinion adequate as it does not affect the rationale provided.

The Board has reopened the claim for service connection for a left hip disorder as secondary to service-connected bilateral pes planus and/or low back disability. Further development is needed to determine if there is a nexus between these conditions.

The Board has determined that the Veteran's cause of death was due to his service-connected CMML with blast transformation, which is presumed to be related to exposure to herbicide agents during active service. The appeal is granted.

The Board denied the Veteran's claim as his income exceeded the means test threshold for VA healthcare, and thus he was not eligible for cost-free care.

The Veteran's appeal is denied as he has already expended the maximum allowable education benefits under Chapter 32 and Chapter 30, leaving him with only 5 months and 29 days of Post-9/11 GI Bill (Chapter 33) benefits remaining.

The Veteran's appeal for an increased evaluation for left eye pterygium has been dismissed due to his death.

The Veteran's unauthorized medical expenses for treatment provided by Sparrow Health System on August 8, 2011 are granted as the condition involved acute symptoms of sufficient severity that a prudent layperson would have reasonably expected immediate medical attention to prevent serious health risks.

The Board has ordered a new VA medical opinion to determine if the Veteran's current bilateral foot disorder is related to service, as there are conflicting opinions in the record regarding this issue.

The Board denied the Appellant's request for an extension of the delimiting date beyond July 31, 2010 for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to a lack of legal authority.

The Board denied the Veteran's claims for service connection for chronic cough and shortness of breath, finding that her current respiratory conditions are not related to her active duty service.

The Veteran's right great toe, status post fusion of the interphalangeal joint, is rated at a 10 percent evaluation due to functional loss from pain.