Other conditions decisions — 2015

The Board found the Veteran's discharge under other than honorable conditions for his service from June 12, 1978 to February 8, 1979 is a bar to VA compensation benefits based on that period of service.

The Board found that the Veteran's HIV was not related to his service and denied his claim for service connection.

The Veteran's right elbow tendonitis has been manifested by pain and tenderness on palpation, with no additional loss of motion due to such factors as pain. The disability is rated at 10 percent under DC 5207.

The Veteran's non-malignant schwannoma, a benign tumor of the spinal cord, is found to be related to his military service and service connection is granted.

The Board denied the appellant's claims for accrued benefits and death pension benefits as she did not meet the legal definition of a surviving spouse due to her divorce from the Veteran prior to his death.

The Veteran died of acute myocardial infarction, which was caused by hypertensive cardiovascular disease. The appellant seeks service connection for the cause of the Veteran's death and eligibility for substitution for a claim to reopen his corneal maculae issue.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of Post-9/11 GI Bill benefits in the amount of $2,475.48 due to fault on the part of the Veteran and unjust enrichment.

The Board has determined that the appellant's request for waiver of debt resulting from overpayment of VA Chapter 35 benefits was not timely filed, and thus the case is being remanded to allow for further development.

The Board found no evidence of exposure to herbicides or other service connection factors, and denied the Veteran's claim for service connection as his CLL did not manifest during service.

The Veteran's service-connected mechanical back syndrome is not manifested by flexion limited to 30 degrees or less, unfavorable or favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome with physician prescribed bed rest.,The preponderance of evidence shows that his service-connected disability does not preclude him from securing and following some form of substantially gainful employment.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred during a hospitalization at St. Vincent's Medical Center from August 8, 2013 to August 9, 2013 is denied as he was not eligible for reimbursement under VA regulations due to his Medicare coverage.

The Board found no evidence of a chronic respiratory or pulmonary disability in service, and concluded that the Veteran's current condition is not related to his military service.

The Veteran's claim for an initial compensable rating for right second through fifth hammer toes, status post fifth toe fracture, prior to October 21, 2013, and a higher than 10 percent rating thereafter is denied. The criteria for these ratings are not met based on the evidence provided.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Memorial Hermann Hospital from July 9, 2010 to July 20, 2010 was denied as he did not meet the criteria outlined in 38 U.S.C.A. § 1728.

The Veteran's fungus condition affects less than 5 percent of his entire body or exposed areas, and no systemic therapy is required. Therefore, a non-compensable rating is assigned.

The Veteran's claim for higher ratings for his bilateral knee conditions, including chondromalacia and instability, was denied as the criteria for extraschedular evaluation were not met.

The Veteran's claim for education benefits under the National Call to Service (NCS) program is denied as he did not initially enter service under this program.

The Veteran's cause of death was attributed to mesothelioma, but the Board found no evidence of asbestos exposure during service and thus denied service connection for the cause of death.

The Veteran's appeal for earlier effective dates and increased ratings was granted. The Veteran also withdrew his appeals regarding special monthly compensation, migraine headaches, cervical spine strain and DDD, and increased ratings for cold weather injury residuals.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected right upper extremity GSW. The TDIU issue will also be addressed.