Other conditions decisions — 2011

The Veteran's claim for additional VA educational assistance benefits under the Post-9/11 GI Bill was denied as she had already used her remaining MGIB entitlement, limiting her eligibility to 25 days of benefits under the Post-9/11 GI Bill.

The Board found that the Veteran's cause of death, metastatic adenocarcinoma of the colon, was not caused by or aggravated by any service-connected disability. The VA physician concluded that the cancer was less likely as not caused by asbestos exposure during his Navy service.

The Board found no evidence of a head injury sustained during active service, and the VA examinations did not support the Veteran's claim. The Veteran's symptoms are attributed to his 1986 motor vehicle accident, which occurred outside of ACDUTRA or INACDUTRA.

The Veteran's compression fracture at L2 was manifested by back aches with good range of motion. From April 7, 2003, the evidence preponderates against moderate limitation of motion and functional impairment due to pain.

The Board found that the Veteran's death was not proximately due to VA carelessness, negligence, or error in judgment and is not reasonably foreseeable. Therefore, DIC benefits under 38 U.S.C.A. § 1151 are denied.

The Veteran's overpayment of $29,698.80 in educational benefits was found to be valid due to fraudulent enrollment and attendance practices at RMTU.

The Board has remanded the TDIU claim for further development, including scheduling a VA examination and obtaining additional medical records.

The Veteran's unauthorized medical expenses incurred from February 17-19, 2010 are denied as he is in receipt of Medicare Part A benefits and thus not eligible for reimbursement under the Millennium Act.

The Veteran's right great toe disability is rated at 10 percent disabling due to painful scar and limitation of motion, but no functional impairment. The left ovary removal due to cysts was found to be incurred in service.

The Board found that the Veteran's character of discharge from his second period of service did not constitute a bar to VA benefits. The claim for service connection for fatigue and sleep disturbance was denied as there is no evidence linking these symptoms to active service.

The Veteran's claim for a compensable disability rating for filariasis has been dismissed due to the death of the appellant.

The Veteran's skin disability is being remanded for further examination and development due to the need for a VA skin examination to determine if her current skin disorder is related to service.

The Veteran's appeal is being remanded for additional development, including scheduling an examination to assess the current severity of his service-connected right foot disability.

The Board has decided to remand the Veteran's claim for service connection for a lung disorder due to potential asbestos exposure and undiagnosed illness. The case will be returned to the RO/AMC for further development, including obtaining medical records and arranging for a VA examination.

The Board has remanded the case for further development, including scheduling a hearing before a Board Member at the appellant's local RO.

The Board found that the Veteran's left breast scar did not meet the criteria for a higher rating, as it was superficial and stable with no limitation of function.

The Veteran's appeal is being remanded for further development and readjudication due to the need for additional evidence, including medical records from his July 2009 hospitalization at Flagler Hospital, clarification of representation, and a VA medical opinion regarding whether his condition was emergent in nature.

The Board found that the overpayment of disability compensation was properly created and denied a waiver due to it not being against equity and good conscience.

The Board has determined that the Veteran's left-sided Legg-Calve-Perthes disease was aggravated by service, and therefore grants service connection for this condition.

The Veteran's chronic adjustment disorder causes occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks, warranting a higher initial rating of 30 percent.