Other conditions decisions — 2010

The Board found that the Veteran's bilateral foot disorder was not incurred in or aggravated by his military service and denied his claim.

The Board has determined that the Veteran's current lumbar spine disorder is likely related to his service, specifically an ejection seat injury during active duty. As a result, the claim for service connection for arthritis of the back is granted.

The Board has determined that the Veteran's advanced glenohumbral arthritis of the right shoulder was incurred during service, with reasonable doubt resolved in favor of the Veteran.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill is denied as he does not meet the basic eligibility requirements, including serving at least three years of continuous active duty.

The Veteran's claim for an earlier effective date for the grant of service connection for polycythemia vera is denied. The Veteran was granted service connection in March 2006, but did not submit a completed VA Form 21-686c until August 2007 to add his daughter as a dependent.

The appellant's late husband had no verified United States military service, and therefore does not meet the requirements for basic eligibility for VA nonservice-connected death pension benefits.

The Veteran's cause of death, respiratory failure due to a colon mass, is not service-connected. The appellant's claim for burial benefits at the rate prescribed for a service-connected death is denied.

The Veteran's appeal is remanded due to the need for a VA examination and additional records. The claim will be reconsidered based on the new evidence.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting the waiver of recovery of an overpayment of pension benefits in the amount of $26,690.00.

The Appellant's claim for restoration of DIC benefits is denied as she submitted her claim after the statutory deadline and is not eligible due to the absence of legal merit.

The Veteran's cold sensitivity is found to be a residual of a cold injury sustained during service, and the Board grants service connection for this condition.

The Board has granted the Veteran's petition to reopen his previously denied claim for service connection for residuals of a back injury, and remanded the underlying claim on the merits.

The Board has determined that recovery of a portion ($403.70) of the overpayment of educational benefits is in order due to the Veteran's failure to complete his education courses, resulting in unjust enrichment.

The Veteran's claim for service connection for cancer of the ampulla of Vater, which he contends is due to herbicide exposure during his Vietnam service, has been remanded. The case will be reviewed and potentially re-evaluated with a medical examination.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's death was caused by service-connected conditions or related to his period of service. The appellant is entitled to an effective date based on the evidence received after February 2008.

The case is being remanded for scheduling a Travel Board hearing. The appellant has the right to submit additional evidence and argument.

The Board has granted service connection for residuals of frozen feet.

The Board has granted an initial disability rating of 30 percent for the service-connected residuals of a spontaneous pneumothorax, effective from when the claim was filed.

The Veteran's case is being remanded for additional development of medical records related to his treatment at the New Orleans VA Medical Center in June through August 1999.

The Board denied service connection for eye disability and cardiovascular disease, finding that the Veteran's vision changes are due to refractive error and his cardiovascular issues are not related to his service-connected asbestosis.