Other conditions decisions — 2011

The Veteran asserts that he has a current restless leg syndrome which he initially developed during his period of active service. The Board finds that an examination is necessary to determine if the Veteran currently has restless leg syndrome and whether it is related to his inservice diagnoses.

The Veteran's epididymitis with testicular pain has not required long-term drug therapy, 1-2 hospitalizations per year, and/or intermittent intensive management. Therefore, the claim for an initial compensable rating is denied.

The Veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code for Border Patrol Agent training prior to August 14, 2009 was denied as the application occurred before the one-year period following receipt of the claim.

The VA surgery and treatment did not cause the Veteran's lung disorder, which is coincidental to his smoking history.

The Veteran's application for additional education benefits under the Post-9/11 GI Bill was denied as he had already used up his entitlement to Chapter 30 benefits, leaving him with only seven months and seventeen days of Chapter 33 benefits. The Board found that extending these benefits would not be legally permissible.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill is being remanded due to a need for additional development regarding his active duty service after September 10, 2001.

The Board denied the Veteran's claim of entitlement to service connection for a rectal disorder, finding that new and material evidence had not been submitted. The claim was previously denied in 1985 due to preexisting condition.

The Board has determined that the overpayment of Chapter 30 benefits in the amount of $1,228.03 was solely due to VA administrative error and therefore waives recovery.

The Veteran's chronic pain syndrome from a previous rectal abscess scar is rated at 10 percent, the maximum schedular rating available. The Board finds no basis for an increased evaluation.

The Veteran's service-connected varicose veins of the lower left extremity do not render him unemployable as he is capable of performing physical and sedentary work, but prolonged standing causes increasing pain and swelling.

The Veteran's unauthorized medical expenses for emergency treatment at Akron General Medical Center from June 19, 2009 through June 24, 2009 are approved as all conditions set forth in the regulation have been met.

The Veteran's claim for service connection for residuals of injury to the right hand was denied as there is no medical evidence of a current right hand disorder.

The Board has ordered a VA examination to determine the nature, extent, onset date and etiology of the appellant's claimed TMD/bruxism pathology. The case is remanded for further development.

The Veteran's discharge from active duty was due to unsatisfactory performance, not a service-connected disability or other qualifying reasons. Therefore, she does not meet the eligibility criteria for educational assistance benefits under Chapter 30.

The Board has determined that new and material evidence had not been received to reopen the Veteran's claim of entitlement to service connection for a chronic left ear disorder. The case is now REMANDED for additional development.

The Board found that the Veteran's left and right foot disorders are not related to his military service or a service-connected disability, thus denying his claims for service connection.

The Board has determined that the Veteran's representative filed a timely Notice of Disagreement in December 2009 regarding eligibility for payment of attorney fees from past-due benefits. The case is REMANDED to issue a Statement of the Case addressing this claim.

The Veteran's bilateral defective hearing was rated at 50 percent from May 22, 2006 to April 26, 2010 and increased to 60 percent effective April 27, 2010.

The Board denied the Veteran's request for an earlier effective date of February 24, 1998, for the grant of service connection of chronic right tibia and fibula fracture residuals. The claim was reopened in October 1997 but the earliest effective date that can be assigned is February 24, 1998.

The Veteran died from COPD with an antecedent cause of PTB. The appellant, who is older than 18 and married, does not meet the criteria to be considered a child for VA benefits purposes due to her own employment and lack of evidence of permanent incapacity prior to age 18.