Other conditions decisions — 2015

The Veteran's service-connected Barrett's esophagus has been rated at 30 percent since the grant of service connection, which is considered a higher rating than what he was seeking.

The Veteran's squamous cell carcinoma of the left tonsil with left neck metastasis is found to be related to his exposure to herbicides during service, and thus granted service connection.

The Board has remanded the case for further action, including scheduling a hearing before the Board at the local RO and addressing the issues of entitlement to service connection for the cause of the Veteran's death and entitlement to burial benefits.

The Board denied the Veteran's claim for reimbursement or payment of unauthorized private medical expenses incurred at Geneva Medical Center on September 13, 2009. The treatment was not deemed to be an emergency requiring immediate care and VA facilities were considered feasibly available.

The Veteran's loss of three teeth during service was due to trauma, but the loss did not result in loss of substance of the body of the maxilla or mandible. The masticatory surfaces were restored by suitable prosthetics. Therefore, the Veteran does not meet the criteria for a compensable dental condition and his claim for service connection is denied.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran died in October 2011 and the appellant seeks burial benefits. The Board found that none of the criteria for payment of burial benefits were met, as the Veteran was not in receipt of VA compensation or pension at his time of death, did not have a pending claim for such benefits, and the body of the Veteran is not held by a State.

The Board has remanded the case for further development, including securing a copy of the September 2010 administrative decision and obtaining clarification from DOD regarding the appellant's eligibility for Chapter 1606 educational assistance benefits.

The Board has granted a waiver of recovery for an overpayment of DIC benefits in the amount of $31,199 due to undue hardship and defeat of the purpose of the benefits.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct involving drug offenses, leading to a bar on VA benefits.

The Veteran's claim for an extension of the delimiting date beyond November 3, 2011, for Montgomery GI Bill educational assistance benefits was denied as she did not have a physical or mental disability preventing her from initiating or completing education within the original period.

The Board denied the appellant's claim for recognition as D.L.G.'s surviving spouse for purposes of establishing eligibility for death pension due to her divorce from D.L.G. in March 1984.

The Veteran's irrevocable election for educational benefits under the Post-9/12 GI Bill program in lieu of benefits under the Montgomery GI Bill (Chapter 30) cannot be rescinded.

The Veteran's claim for educational benefits under the Post-9/11 GI Bill program is being remanded due to incomplete service personnel records and the need to clarify his periods of active duty.

The Veteran's service-connected genital warts are currently evaluated as zero percent disabling, and the appeal is granted. The Veteran's other claims for service connection remain pending.

The Veteran's eye disability is found to be incurred in service, granting the claim for service connection.

The Veteran's service-connected right and left foot disabilities are rated at 30 percent each, reflecting severe foot injuries due to severe global cavus feet with significant functional impairment.

The Veteran has been shown to have additional disability of T-12 anterior spinal infarction and partial paraplegia of the lower extremities as a result of VA surgery performed on October 13, 2006. The Board found that this additional disability was not reasonably foreseeable and granted compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for higher initial ratings for gouty arthritis is remanded due to the need for further development, including obtaining a VA examination during an acute gout attack and reviewing all pertinent medical records.

The Board has remanded the case to the AOJ for further development regarding the calculation of the Veteran's VA educational assistance benefits under Chapter 33, including addressing any alleged errors in calculating his entitlement during breaks between enrollment periods. The AOJ is asked to determine if there were any improper deductions made against his education entitlement and whether he is entitled to additional benefits after March 18, 2011.