Other conditions Board decisions

The Board denied the appellant's claims for nonservice-connected VA pension benefits and special monthly pension based on the need for regular aid and attendance due to a lack of legal merit or entitlement under the law.

The Veteran's appeal is denied as the criteria for extending his delimiting date beyond September 25, 2008, for his eligibility under the Montgomery GI Bill (MGIB) have not been met.

The Veteran's essential tremors are found to have originated during his active service, and the Board granted service connection for this condition.

The Board found that the decedent did not have active military service and therefore could not establish eligibility for veterans' benefits. The cause of death was determined to be ALS, which the Board concluded was not caused or aggravated by any injury or disease incurred during ACDUTRA.

The Veteran's service-connected residuals status post mitral valve replacement and atrial fibrillation are rated at 30 percent each, effective the day after discharge from active service. The Board found that his heart conditions do not meet criteria for a higher rating under Diagnostic Code 7016 or Diagnostic Code 7010.

The Board denied the moving party's motion to reverse a November 2000 decision that denied her eligibility for improved death pension benefits, finding no CUE. The denial was based on VA law and regulations at the time, which did not allow for basic eligibility for death pension benefits due to the Veteran's service with recognized guerillas.

The Veteran withdrew his appeal for services under Title 38, United States Code, Chapter 31, Vocational Rehabilitation Services, Independent Living Program.

The Veteran's private medical expenses incurred from July 22, 2010 to July 24, 2010 at the Ocala Regional Medical Center were not authorized by VA and did not meet the criteria for payment or reimbursement under VA regulations.

The Veteran's claim is being remanded for the VA to obtain and associate with the record the medical records from Canton-Aultman Hospital dated in January 2007, as well as all billing records from that facility. The AOJ should specifically indicate what services were paid by VA and what services remain unpaid.

The Veteran's claim for an irrevocable election of education benefits under the Post-9/11 GI Bill program in lieu of Montgomery GI Bill program has been denied due to her assertion that her signature was forged on the application, and her ex-fiancé signed it without her consent.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C.A. Chapter 35, finding that her eligibility period had expired on May 21, 2011, and an extension was not warranted.

The Veteran's claim for waiver of recovery of an overpayment of VA education benefits in the amount of $3,000 was denied because his request was not received within the required 180-day period following notification of the overpayment.

The case is being remanded to the RO for further development and readjudication, including consideration of whether referral for an extraschedular rating is warranted.

The Veteran's application for VA educational assistance benefits was denied because he is not eligible to receive such benefits due to his commission as an officer after graduating from a United States Military Academy.

The Board finds that the Veteran's net worth constitutes a bar to nonservice-connected pension benefits paid with special monthly pension benefits (aid and attendance), and thus denies the claim.

The Board has determined that additional development is necessary to determine if the Veteran's emergency department treatment was for a condition of such severity that it required immediate medical attention, and whether VA or other Federal facilities were not feasibly available.

The Board has determined that additional development is necessary before a decision can be rendered in this case, including obtaining an opinion from a VA oncologist or gastroenterologist regarding the etiology of the Veteran's esophageal cancer and whether it was related to his military service, specifically exposure to Agent Orange.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses arising from private ambulance transportation and medical services provided from November 23, 2010, to November 29, 2010 is denied as he does not meet the eligibility criteria under VA regulations.

The Veteran's claim for a higher initial rating in excess of 10 percent for vitiligo is denied as the current rating already represents the maximum schedular evaluation available under Diagnostic Code 7823.

The Veteran's household income for 2008 exceeded the income threshold required for treatment in VA healthcare system without a co-payment requirement, resulting in denial of his claim.