Other conditions decisions — 2015

The Board denied the appellant's claim to reopen his character of discharge issue, finding no new and material evidence was submitted. The final decision from October 1976 remains in effect.

The Veteran is currently rated at a 10 percent evaluation for his right lung disorder from November 1, 2003 to March 18, 2010. The evidence does not support an increase in the rating during this period.

The Board has determined that the termination of the Veteran's VA nonservice-connected improved pension benefits effective July 1, 2009 was proper due to his annual income exceeding the maximum annual pension rate for a veteran with one dependent.

The Board has decided to remand this case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and ensuring all relevant evidence is considered.

The evidence does not support a finding of a current disability resulting from the Veteran's in-service Toradol reaction, and there is no indication that she has any permanent residuals or disabilities as a result of this event.

The Veteran's appeal is remanded for a new VA examination to determine the nature, etiology and severity of his bilateral leg disabilities, including varicose veins. The claim will also be reviewed in light of any additional evidence submitted by the Veteran.

The Board denied the Veteran's request for an effective date earlier than September 1, 2009, for the award of additional compensation benefits for his dependent daughter C.M. The appeal was based on a claim for school attendance benefits.

The Board has remanded the case for further development, including consideration of whether the appellant experienced compelling circumstances to warrant his prolonged unauthorized absence. The appeal is now pending again with the Agency of Original Jurisdiction (AOJ).

The Board has decided to remand the case for further development, including obtaining an addendum opinion from the examiner who conducted the September 2010 VA examination regarding the etiology of the Veteran's diagnosed atrial fibrillation and congestive heart failure. The examiner must also provide an opinion as to whether it is at least as likely as not that the currently diagnosed atrial fibrillation and CHF were aggravated beyond its natural progression by the Veteran's service-connected diabetes mellitus type II.

The Veteran's claim for service connection for a skin rash, including as due to in-service exposure to contaminated drinking water at Camp Lejeune, is being remanded for further development.

The Board has determined that the Veteran's bilateral TMJ dysfunction does not warrant a rating in excess of 10 percent since February 10, 2010.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30 is remanded due to unclear dates and incomplete medical records.

The Veteran's service-connected low back disability is being remanded for a new VA examination to evaluate the current severity of his condition, as he reported worsening symptoms and pain. The Veteran contends that his disability has worsened since the last examination.

The Board has determined that the appellant may not be recognized as the Veteran's surviving spouse for VA death benefits, including Disability and Indemnity Compensation (DIC) due to her subsequent marriage after their divorce.

The Board has determined that the Veteran's deviated nasal septum is related to an in-service nose injury, and thus service connection for this condition is granted.

The Veteran's claim for service connection for trembling of the hands is being remanded to obtain a medical opinion regarding whether his tremors are related to active service, including conceded herbicide exposure. The VA examiner will also review all of the Veteran's VA treatment records since 2000.

The Veteran's unauthorized medical expenses for emergency room services at Putnam Community Medical Center on February 5, 2012 are now covered by VA as the condition was of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to their health.

The appellant's claim for an extension of his delimiting date beyond April 23, 2012 for eligibility to Dependents' Educational Assistance (DEA) benefits was denied as he did not interrupt or suspend his educational program due to circumstances beyond his control.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claim for service connection of a skin disability, including his claimed groin rash from service. The case is therefore being remanded to obtain relevant medical records and conduct further examination.

The Board denied the appellant's claim for basic eligibility for VA home loan guaranty benefits due to not meeting the required six years of service in the Selected Reserve, despite having two qualifying years.