Other conditions decisions — 2011

The Veteran's claims for service connection for a vision disorder and tinnitus were denied as there is no evidence of current disabilities other than refractive error, and the in-service incident did not result in any superimposed disease or injury.

The Board found that the Veteran's right eye amblyopia preexisted service and was not aggravated by service, thus denying entitlement to service connection.

The Veteran's left middle finger disability is not shown to meet the criteria for a compensable rating under any applicable diagnostic code. His claim for nonservice-connected pension benefits was denied as he did not have active duty service of at least 90 days during a period of war.

The Veteran's claim for a rate of payment in excess of 60 percent of the maximum amounts payable for educational assistance benefits under Chapter 33, Title 38, United States Code is denied as her percentage of maximum amounts payable is limited to 60 percent due to the exclusion of obligated active duty service performed as part of an ROTC obligation.

The Veteran's military service does not meet the service requirements for eligibility for educational assistance under the Post-9/11 GI Bill, and therefore his claim is denied.

The Veteran was granted a rating of 70 percent for his service-connected schizoaffective disorder from December 3, 2004 to August 30, 2007. He also received other favorable decisions on various claims.

The Veteran's spouse is appealing the propriety of a delimiting date for eligibility to Chapter 35 Dependents' Education Assistance (DEA) benefits. The RO has denied her claim on the basis that she filed after her period of eligibility had expired, but new evidence indicates this may not have been determined in the original rating decision.

The Veteran's dysthymic disorder resulted in severe impairment, including virtual isolation and inability to obtain or retain employment. The Board found the severity of his disability approximated a rating of 100 percent from January 21, 1993.

The Veteran's waiver of overpayment claim for an educational benefits overpayment in the amount of $3,000 was denied due to a material misrepresentation and bad faith.

The Board has determined that the Veteran's current back disability, including arthritis, was not incurred in or aggravated by service and cannot be presumed to have been so incurred. The preponderance of evidence does not support a finding that the Veteran's current back disability is related to his military service.

The Board has remanded the case due to inadequate medical opinion and needs an adequate VA examination and opinion regarding the relationship between any current hysterectomy residuals and service.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on February 13, 2009, is denied as the care was not rendered in a medical emergency that would have been hazardous to his life or health if delayed. The claim for April 9, 2010, is granted as VA facilities were feasibly available but prior authorization was not provided.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's claimed arm and leg pain, as well as its relationship to his service-connected lumbosacral strain.

The Board of Veterans' Appeals has remanded the case for further action due to incomplete information regarding the Appellant's eligibility for Chapter 1606 educational assistance benefits. The Education Center is instructed to contact DOD and/or military authorities to obtain a determination on her eligibility, as well as determine if her reservist unit was inactivated during the specified period or if she returned to the Selected Reserve within one year of discharge.

The Veteran's service-connected residuals of a fracture of the right distal fibula are currently rated at 20 percent, which is the maximum schedular rating available for limitation of motion of the ankle. The disability does not manifest with anklyosis, os calcis, or astragalus, malunion of the ankle, or in knee disabilities, or arthritis, and does not interfere with her employment or require frequent hospitalization.

The case was dismissed due to the death of the appellant, who was the Veteran's wife. The Board has no jurisdiction to adjudicate the merits of this claim as the appellant is deceased.

The Veteran's claim for an increased rating for chronic airway obstruction, with pulmonary lesions and pleural thickening is denied as his disability does not meet the criteria for a higher schedular evaluation.

The Board has determined that there is not substantial compliance with the December 2009 remand and requires additional development, including obtaining medical records from private providers and a VA examination to determine the etiology of any current skin disability. The appeal will be remanded for these actions.

The Veteran's heart disability was rated at 10 percent prior to February 3, 2010, and increased to 60 percent effective from that date.

The Board found that the Veteran's cause of death was not caused or contributed substantially to by a disability incurred in service, including exposure to asbestos. The evidence did not confirm asbestosis and lung cancer may not be presumed to have been incurred therein.