Other conditions decisions — 2019

The Veteran's soft tissue sarcoma was not incurred or aggravated during service and is not related to her service-connected lumbosacral strain. The Board denied the claim for service connection.

The Board denied DIC benefits because the appellant was not considered a helpless child of the Veteran by age 18, and thus is not eligible for these benefits.

The Board denied the appellant's claim as a surviving spouse, finding that she was not married to the Veteran at the time of his death and thus did not meet the criteria for VA benefits.

The Veteran's right knee arthritis and laxity were granted increased ratings, with the arthritis receiving a 20% rating effective from November 20, 2014 to August 7, 2017. The laxity received a 20% rating effective from June 14, 2012.

The Veteran's claim for TDIU prior to April 3, 2015 is being remanded due to insufficient information regarding his employment income from January 2013 to April 2015. The AOJ needs to obtain the Veteran's earning statements and provide him with an opportunity to respond.

The Board has determined that the Veteran's left hip disability, including his total hip arthroplasty, is likely related to service and grants service connection for this condition.

The Board has remanded the cases due to a lack of divorce decree for one of the marriages, and requests that the Veteran submit this document.

The Veteran's service did not meet the eligibility criteria for Post-9/11 GI Bill education benefits due to his discharge under other than honorable conditions, and he was denied.

The Board has determined that the Veteran's acute myeloid leukemia is related to his in-service exposure to herbicides, specifically Agent Orange. As a result, service connection for this condition is granted.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits. The appeal is denied as there are no legal grounds to award burial benefits.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at Munroe Medical Center on May 2, 2012. The Board finds that the treatment was emergency care and feasible given his health status and distress.

The Veteran's service did not meet the eligibility criteria for Chapter 30 (Montgomery GI Bill) education benefits due to his initial entry into active duty prior to June 30, 1985. The appeal is denied.

The Veteran's claim for payment of private medical expenses incurred on July 27, 2016, at a non-VA facility was denied because the treatment did not meet the criteria under 38 U.S.C. § 1728 or 38 C.F.R. §§ 17.1000-17.1008 for reimbursement of unauthorized medical expenses.

The Veteran's claim for left ulnar nerve involvement was previously denied due to willful misconduct, and new evidence does not establish a basis for reopening the claim.,Service connection for heroin addiction is barred as it resulted from the Veteran's own willful misconduct.

The Board has determined that the Veteran's coursework during the February to May 2015 term did not constitute distance learning as defined by Chapter 33 (Post-9/11 GI Bill). The case is being remanded for clarification from the pertinent college.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for incisional hernia, finding that there was no evidence of fault on behalf of VA and that the event resulting in the hernia (the April 2008 nephroureterectomy) was not reasonably foreseeable.

The Veteran's claim for a higher rating for residuals of a corneal burn, left eye, and bilateral dry eye disease is granted with a 20 percent rating. The claim for a higher rating for anxiety disorder, unspecified, with depressed mood and alcohol use disorder is remanded.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional medical opinions are needed to address the nature and likely cause of his respiratory disability and skin disabilities.

The Board denied the appellant's claim for additional accrued benefits as there was no specific documentation of actual expenditures on the caregiver's room and board, and thus no basis to make deductions from the widow's countable income.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for VA compensation or pension benefits at the time of his death. The appeal is denied as there are no legal grounds to grant burial benefits.