Other conditions decisions — 2015

The Board has determined that the appellant is not eligible for educational assistance benefits under the Montgomery GI Bill-Selected Reserve (MGIB-SR) program due to a lack of at least six years in the Selected Reserve, as determined by the Department of Defense.

The Board has dismissed the appeal for service connection for epididymitis as it was granted by a January 2015 rating decision. The remaining claims of service connection for varicose veins and left heel spurs are denied.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as there is no evidence of additional disability resulting from VA care, and the Board found that the Veteran was not competent to diagnose himself with an additional disability or determine if any such disability was caused by VA care.

The Veteran's glioblastoma was diagnosed after service and not linked to his military service, including herbicide exposure. The Board denied the claim for accrued benefits due to lack of evidence supporting service connection.

The Board has decided to remand the case for further development, including a VA examination and readjudication of the claim.

The Veteran's claim of clear and unmistakable error (CUE) in the April 1979 rating decision reducing his hiatal hernia from 10% to zero percent is denied. The August 2006 denial was final, and the June 2010 appeal is barred by res judicata.

The Veteran's request for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded as the Veteran desires a Board videoconference hearing.

The Board found that the Veteran's skin condition is not etiologically related to service, including herbicide exposure in service. As a result, the claim for service connection was denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected left foot and left ankle disabilities. The claim for TDIU will be considered part of the underlying disability claims.

The Veteran's cause of death is now considered service-connected due to a presumptive herbicide disease (congestive heart failure). The effective date for this grant of service connection is set at September 1, 1986.

The Board has determined that additional development is needed to address the Veteran's death and his service-connected conditions, as well as the issue of accrued benefits. The claims are being remanded for further action.

The Veteran's death was not due to a service-connected condition, and he did not have pending claims for benefits. Therefore, the criteria for a burial allowance are not met.

The Board found that the Veteran did not make an irrevocable election for education benefits under the Post-9/11 GI Bill program in lieu of benefits under the MGIB program, and thus denied her appeal.

The Veteran's service was not during a period of war, thus the appellant is denied death pension benefits.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at Summa Health System on November 12, 2010. The case is being remanded to secure additional evidence and determine if the Veteran's emergency room visit was a 'medical emergency' and whether VA facilities were feasibly available.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized, non-VA medical expenses incurred at the University of Washington Medical Center on August 23, 2008. The treatment was not deemed to meet the criteria for emergency treatment as defined by VA regulations.

The Board denied the Veteran's claim for service connection for a dental disability as new and material evidence was not submitted, despite the Veteran having lost teeth during service.

The Veteran's initial claim for a compensable rating prior to August 8, 2006 was denied as his condition did not meet the criteria for such. A higher 10 percent rating is granted from that date.

The Veteran's appeal is being remanded for further development and readjudication, including a VA examination to assess the current severity of his service-connected right shoulder disability.

The Board has determined that the Veteran does not have a current cardiovascular disability and therefore, service connection for this condition cannot be established.