Other conditions decisions — 2011

The Board has determined that the RO's denial of educational assistance benefits under MGIB-SR requires a remand for issuance of an SOC and consideration of the appellant's appeal.

The Board has remanded the case for additional development due to new evidence submitted by the Veteran and because of the need for a VA examination.

The Board has remanded the case due to the need for an orthopedic examination and additional development of records, including those from Dr. D.M.H.

The Veteran's service from August to October 2008 and October to March 2009 is considered active duty, qualifying him for 70% of the maximum educational benefits under Chapter 33.

The Board denied the Veteran's request for waiver of overpayment in the amount of $189,754.90 due to fault on her part as a fugitive felon and because she accepted payments knowing she was not entitled to them.

The Veteran's service-connected residuals of a shell fragment wound to the right thigh with involvement of muscle group XIII and retained foreign bodies are currently rated at 10 percent, which is in line with the criteria for a moderate disability.

The Board has determined that the Veteran's retained foreign body in his left hip was incurred during active duty service and grants service connection for this condition.

The Board has determined that the Veteran's current gastrointestinal symptoms are associated with his in-service chronic gastric ulcer, and thus service connection is granted for a stomach condition.

The Board has determined that additional development is necessary prior to the adjudication of this claim due to unclear service status under Title 10. The case is REMANDED for clarification on the type and duration of service between March 2005 and September 2005.

The Board denied service connection for a neurological disorder involving pain and numbness of the hands and legs, as well as a neurological disorder involving dizziness, fatigue, memory loss, and loss of concentration, both claimed to be related to exposure to herbicides.

The Board has remanded the case for additional development due to a lack of information regarding the Veteran's exposure to ionizing radiation during service, which is necessary to determine if he qualifies for presumptive service connection under the provisions of the Radiation Exposure Act.

The Veteran's post-operative lipoma scar is well healed with slight induration, but does not meet the criteria for a compensable rating under any applicable VA rating criteria.

The Veteran's service connection claim for colon cancer, including as due to herbicide exposure, was denied because the evidence does not show that his current condition is related to active service.

The Board denied service connection for chronic granulocytic leukemia, finding no evidence of a nexus between the condition and the Veteran's military service or presumed exposure to Agent Orange.

The Board has determined that the Veteran's cataracts are related to his service-connected asthma and prednisone treatment for it, granting service connection.

The Veteran's claim for a higher disability rating for atrioventricular block, status post cardiac pacemaker was denied as the evidence did not meet the criteria for a higher rating.

The Veteran's metatarsalgia of the left foot is currently rated at 10 percent, which is the maximum schedular evaluation available under Diagnostic Code 5279. Therefore, he is not entitled to a higher initial disability rating.

The Veteran's service connection claims for a bilateral leg disorder and left eye disorders (presbyopia, macular degeneration, dry eye syndrome) are denied. The Board notes that the Veteran has not provided evidence of any in-service injury or incident related to his current conditions.

The Veteran's daughter is seeking recognition as a 'helpless child' for the purpose of VA benefits due to permanent incapacity prior to reaching 18 years old. The claim has been denied, and further action is required in the form of issuance of a statement of the case.

The Veteran's claims for service connection for anemia and restless leg syndrome have been granted. The Board found that the Veteran had these conditions during her active duty, treated them with medication, and there was no break in the continuity of symptoms.