Other conditions decisions — 2009

The Veteran's application for VA education benefits to pay for law enforcement training from March 27, 2000 to March 27, 2002 was denied as the commencing date of the award of educational assistance did not meet the criteria set by regulations.

The Board has determined that the evidence received since the February 2003 rating decision does not raise a reasonable possibility of substantiating the claim of service connection for cause of death due to septicemia from intestinal obstruction, which was found unrelated to service. Therefore, the claim cannot be reopened.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at a non-VA medical facility is being remanded due to the lack of clarity regarding whether VA facilities were feasibly available within their Puget Sound Health Care System.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to procedural issues. The AOJ must ensure compliance with the terms of the prior Board remand, including informing the Veteran of the requirements for service connection for a right total hip replacement.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred between April 9, 2005 and April 12, 2005 is denied because he was covered under a health-plan contract at the time of treatment.

The Board has determined that the Veteran does not currently have a skin disability for purposes of service connection.

The Veteran's service-connected left tibia stress fracture residuals and cutaneous discoid lupus erythematosus are not rated higher than the current noncompensable levels.

The Veteran's claim of service connection for colon cancer is being remanded due to the need for further development regarding potential radiation exposure during service.

The Veteran's claim for higher ratings for McArdle disease with muscle weakness in the bilateral lower and upper extremities was granted, effective January 11, 2001. The RO also awarded a total disability evaluation based on individual unemployability (TDIU) and basic eligibility to Dependents' Education Assistance.

The Veteran's claim for service connection for the residuals of a brain tumor is being remanded due to its inextricability with other pending claims. The AMC must adjudicate these related claims and then readjudicate the service connection claim.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim for revocation of forfeiture declared against her, thus denying the claim.

The Board has determined that additional development is needed to determine if the Veteran's current arthritis of his feet, including any associated disorders, are related to his military service, particularly exposure to cold.

The Board found no evidence of an eye disorder related to service and denied the Veteran's claim for service connection. The right ovarian cyst was not addressed as it is a separate issue.

The Veteran's claim for special monthly compensation (SMC) at the rate allowed by 38 U.S.C.A. § 1114(r)(2) is granted, as he receives necessary and life-sustaining daily health care with hands-on facilitation by his wife under the ongoing direction, guidance, and supervision of his treating physician.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA medical center records from Indianapolis.