Other conditions Board decisions

The Board finds that the character of the appellant's discharge from service for December 2003 to January 2007 does not constitute a bar to VA benefits, as he was insane at the time of the offenses.

The Board has reopened the claim for service connection for the cause of death due to new and material evidence. However, it was not determined that the Veteran's aplastic anemia was caused by exposure to Agent Orange during service.

The Board has waived the requirement that a timely substantive appeal be filed in response to the August 2010 SOC regarding entitlement to service connection for the cause of the Veteran's death. The claim is now considered granted.

The Veteran's appeal for higher ratings for residuals of a left second toe fracture was denied. Prior to July 21, 2010, the disability was rated at 10 percent and since then it has been rated at 20 percent.

The Veteran's appeal is being remanded for further development, including obtaining VA and SSA records and a new orthopedic examination to assess the current severity of his service-connected knee disabilities.

The Veteran's cancer of the tonsil manifested decades after service, there is no dose estimate from a 'credible source' showing in-service exposure to ionizing radiation, and there is no competent and credible evidence linking his disorder to service.

The Veteran's appeal is remanded due to the need for a hearing before a Veterans Law Judge at his local RO.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as the evidence does not show that his back condition was caused by VA medical treatment due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault.

The Board has remanded the case due to a lack of clarity regarding the appellant's eligibility for Chapter 1606 educational assistance benefits. The VA Education Center is instructed to contact Department of Defense and/or the appropriate military authority to determine if the Veteran is eligible for these benefits.

The Board has determined that the appellant is not a qualified claimant for the purpose of substitution for accrued benefits or other death benefits, and thus does not have jurisdiction to adjudicate any matters pending at the RO.

The appellant is not eligible for educational assistance under Chapter 1606, Title 10, United States Code due to her eligibility being terminated when she left the Selected Reserve in August 2005. She later reenlisted but did not do so within one year as required by law.

The Board has remanded the case due to a separation between the Veteran and the appellant at the time of his death, which may affect their legal entitlement to VA benefits. The RO is instructed to determine if the appellant can be recognized as the surviving spouse for purposes of receiving VA benefits.

The Veteran's Frey's syndrome, characterized by excessive secretion of a clear fluid from the right temple when eating, is currently rated at 30 percent. The Board finds that this rating adequately reflects the severity and symptoms of his condition.

The Veteran's appeal for special monthly pension based on the need for aid and attendance of another person is denied as he does not meet the legal requirements for entitlement to VA benefits due to lack of service.

The Veteran's right hand arthritis is likely related to an in-service injury, and the Board has granted service connection for this condition.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at the Nebraska Medical Center on March 3-4, 2011. The case is being remanded to obtain clarification on prior authorization and attempt to associate any relevant records.

The Board has determined that the reduction of the disability rating from 60 percent to 30 percent for reflux esophagitis, hiatal hernia, and gastritis is proper. Since November 1, 2007, the criteria for a higher disability rating have not been met.

The Veteran's appeal for an evaluation in excess of 10 percent for calcaneal bursitis of the right heel has been withdrawn before a decision was made.

The Board found that the Veteran's cataracts were not incurred or aggravated by service and denied his claims for right eye cataract, left eye cataract, and bilateral hearing loss.

The Board denied service connection for groin pain and sexual dysfunction (including partial empty sella syndrome) in July 2004. New evidence received after the expiration of the appeal period was found to be cumulative or redundant, not raising a reasonable possibility of substantiating the claims.,Service connection for sexual dysfunction and partial empty sella syndrome is granted as it is presumed due to service.