Other conditions Board decisions

The Board has determined that the Veteran's service-connected left leg disability does not render him unemployable, and thus denied his claim for a total disability rating based on individual unemployability.

The Veteran's son, J.E.L.M., has been found to have permanent incapacity for self-support due to cognitive impairment and requires constant care from his parents.

The Board has remanded the case for further development due to a request for a travel board hearing.

The Board has determined that the Veteran's gastrointestinal disability, specifically chronic constipation, was incurred in service and is therefore granted service connection.

The Board found that the Veteran's myelodysplastic syndrome with acute myelogenous leukemia is not related to service or a service-connected disability, and thus denied his claim for service connection.

The Board has reopened the issue of whether the appellant's character of discharge from service is a bar to VA benefits due to his AWOL for 430 days. The evidence submitted since the last decision addresses the appellant's mental state at the time of his misconduct.

The Board denied the Appellant's claim for a one-time payment from the FVEC fund as she lacked legal entitlement to the benefit sought on appeal.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as he does not meet the basic eligibility requirements, regardless of whether his father was entitled to payment.

The Veteran's claim for a waiver of overpayment was granted in full by the Committee on Waivers and Compromises, making her appeal moot.

The Veteran's death was caused by metastatic cancer of the lung, which is presumed to be due to Agent Orange exposure. The Board found that this service-connected condition contributed substantially to his death.

The Board finds that the appellant does not qualify as the surviving spouse of the Veteran for purposes of establishing entitlement to DIC due to her remarriage prior to age 57 and lack of a timely claim.

The Board determined that the appellant is not an eligible surviving spouse for VA death benefits and therefore, her claim for service connection for the cause of the Veteran's death is moot.

The Board has dismissed the appeal for entitlement to an initial rating in excess of 10 percent for tinnitus due to withdrawal by the Veteran. The Veteran's NOD with respect to the PTSD rating decision was not timely filed, and thus the issue remains pending.

The Board found that the treatment provided by EMH Regional Medical Center on April 4, 2010 was not for a condition of such severity that delay in seeking immediate medical attention would have been hazardous to life or health. Therefore, the claim for payment or reimbursement of unauthorized medical expenses is denied.

The Veteran's service-connected disabilities, including residuals of a fracture of the right humerus and acromion of the scapula, residuals of cold injuries of both lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. As such, he is entitled to a TDIU rating.

The Veteran had no pending claims for VA benefits at the time of her death, and therefore there is no basis for accrued benefits. The appellant's claim for additional pension payments due to medical expenses incurred by the Veteran prior to her death was not supported by evidence in the file at date of death.

The Veteran's overpayment of $684.30 in VA education benefits was waived due to the Veteran's diligence in completing his externship nine days early, which resulted in a nominal debt.

The Veteran withdrew his appeal regarding the initial rating for residuals of a T-8 burst fracture prior to March 12, 2012; and a 20 percent rating thereafter.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to residuals of a prostate biopsy is being remanded for additional development, including obtaining an opinion from a qualified physician regarding the cause and effect of his current fecal incontinence.

The Board found that the Veteran's current eye disability is not related to his period of active duty or his service-connected vitiligo, and thus denied his claim for service connection.