Other conditions decisions — 2015

The Board found that the loss of use of a creative organ was not incurred in or aggravated by active service and denied both the primary claim for this condition as well as any secondary service connection due to fibroids.

The Board determined that the Veteran's income for 2010 was above the thresholds for cost-free VA health care and prescriptions, leading to a change in his eligibility category from copay exempt to required co-pay status. The appeal is denied as this decision is proper based on the law.

The Board denied the Veteran's claim for NSC disability pension benefits as his service with the New Philippine Scouts did not qualify him for such benefits.

The Veteran's claim for a benefits payment rate higher than 90 percent of maximum for educational assistance under Post-9/11 GI Bill was denied as he did not have the required 36 months of qualifying active duty service.

The appellant's appeal is denied as they do not meet the legal requirements for basic eligibility to nonservice-connected pension benefits due to a lack of active duty service.

The Board found that the Veteran did not have chronic pancreatitis and internal varices during service, nor can they be linked to his service-connected disabilities. Therefore, he is denied service connection for these conditions.

The Board has determined that the decision to deny payment for continued medical treatment at Mount Carmel Medical Center during June 28-30, 2011 is not supported by sound medical judgment and requires further review.

The Veteran's death was not caused by a disability incurred in or aggravated by service and is not etiologically related to any incident or disease during the Veteran's active service, to include as due to herbicide exposure. Service connection for the cause of death is denied.

The Board has determined that the Veteran's macular degeneration of the eyes is related to his in-service exposure to intense sunlight without eye protection, and service connection for this condition is granted.

The Veteran's daughter was not eligible for an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, of the United States Code beyond June 23, 2010 due to her age and lack of enrollment in an educational institution.

The Board dismissed the appeal as there was no allegation of error in the determination regarding the extension of the delimiting date for the Appellant's education benefits under the DEA program.

The Board has ordered a remand to obtain additional medical records from the University Family Medical Center, as the current records do not cover the Veteran's entire treatment history. The appeal will be reconsidered based on this new evidence.

The Board denied compensation under 38 U.S.C.A. § 1151 for residuals of a right nephrectomy, finding no evidence of negligence or lack of proper skill on the part of VA in providing medical treatment.

The Board has determined that the Veteran's current diagnoses of lateral epicondylitis of the right elbow and epicondylitis of the left elbow are not related to her military service.

The Board has found that the Veteran's right eye disorder, including superficial keratitis of the right eye, is service-connected as it is a residual from an in-service corneal abrasion. Headaches are not service-connected.

The Board found that the Veteran's brain hematoma did not manifest during service and is not related to her in-service head injury. The VA examiner concluded it was less likely as not caused by or aggravated by her service-connected headaches and medication.

The Board has remanded the case for further development, including obtaining a VA examination and ensuring proper VCAA notice. The Veteran's claim will be readjudicated based on all evidence.

The Veteran's appeal for increased ratings and TDIU was denied. The Board found that the evidence did not support a higher rating for his low back disability diagnosed as facet joint arthritis.

The Board found that the Veteran did not make an irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill (MGIB) program. The appeal is granted.

The Board has decided to remand the case for further development and an addendum opinion regarding the Veteran's left foot disorder.