Other conditions Board decisions

The case is being remanded to the RO for additional development, including providing KAJ with a copy of relevant information and giving her an opportunity to respond. The appellant will be provided another opportunity to submit evidence showing she is the legal surviving spouse of the Veteran.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for fixation of pupil and probable retro bulbar or optic neuritis of the left eye, as the Veteran's statements are essentially cumulative.

The Board has determined that further development is needed to determine the cause of the Veteran's death and whether his service-connected PTSD contributed to it.

The Board is reopening the claim for service connection for a respiratory disorder on the basis of new and material evidence. The original denial was based on lack of current disability, but additional evidence now suggests a possible link to Agent Orange exposure.

The Veteran's service in the Republic of Vietnam is not established, and there is no evidence of exposure to Agent Orange or other qualifying conditions. The claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida is denied.

The Veteran's claim for an initial compensable rating for left gastrocnemius muscle strain is being remanded due to insufficient examination and the possibility of worsening symptoms.

The Veteran is granted entitlement to payment or reimbursement for the costs of private medical expenses incurred at a non-VA medical facility on July 24, 2004 due to an emergency condition that was not promptly addressed by VA facilities.

The Veteran died of a non-service-connected cause and was not receiving VA compensation or pension benefits at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.

The Board has reopened the Veteran's claim of service connection for a right hand disorder due to new and material evidence submitted since the last final denial. The claim is now remanded for further development, including a VA examination.

The Veteran seeks service connection for a liver disorder, which he claims is related to his service-connected bilateral patellar tracking disease. The VA has not provided an adequate medical opinion regarding the relationship between the liver disorder and either active duty or a service-connected knee disorder.

The Veteran's neuro-endocrine cancer is found to be service-connected on an accrued basis, and the cause of death is also found to be service-connected.,Eligibility for Dependents' Educational Assistance under Chapter 35 has been established.

The Veteran's appeal is denied as he does not meet the eligibility requirements for Montgomery GI Bill education benefits under Chapter 30 due to insufficient service.

The Veteran's gout results in definite, but not severe, impairment of health and functioning. The Board finds a 40 percent rating is warranted for the Veteran's gout.

The VA denied an initial compensable rating for traumatic iritis of the left eye, which is currently manifested by corrected vision better than 20/50 with complaints of alternating dry and watery left eye.

The Veteran's claim for an earlier effective date for the award of a TDIU is granted, with the effective date set at June 15, 2007.

The Veteran's service was less than the required minimum period of active duty (24 months) for VA healthcare benefits, and thus he is denied eligibility.

The Board has granted the Veteran's appeal, finding that he 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 Veteran's claim for educational assistance at a higher percentage rate under the Post-9/11 GI Bill was denied as there is no legal basis on which to grant the claim. The appeal is dismissed.

The appellant's countable annual income exceeds the maximum annual pension rate for death pension benefits, thus she is not eligible for these benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 19, 2009 at Ellis Hospital was denied because the claim was not filed within 90 days after exhausting action to obtain payment from a third party (Medicare).