Other conditions decisions — 2011

The Veteran's claim for service connection for ulcerative colitis is being remanded due to the need for additional development, including a VA examination and verification of his period of ACDUTRA.

The Veteran's claim for a rate of payment in excess of 50 percent of the maximum amounts payable for educational assistance benefits under Chapter 33, Title 38, United States Code was denied as his percentage of maximum amounts payable is limited to 50 percent due to his participation in an LRP.

The Veteran's claim for VA educational assistance benefits under the Veterans Education Assistance Program (VEAP) or the Montgomery GI Bill is denied as he did not have qualifying service and his eligibility period has expired.

The Veteran's lung disorder and pneumonia were not shown to be related to his service, including as due to herbicide exposure. The Board finds that the preponderance of evidence is against these claims.

The Veteran's claim for additional educational assistance under the Post-9/11 GI Bill is denied as his entitlement period is limited to four months and 24 days due to unused Chapter 30 benefits.

The Board granted separate evaluations for instability and subluxation due to bilateral patellofemoral syndrome, with a rating of 10% for each knee.

The Veteran's claim for a waiver of overpayment of service-connected compensation benefits in the amount of $21,307.19 is being remanded to allow for further proceedings by the Committee on Waivers and Compromises (COWC).

The Board found that there is no evidence linking the current left elbow disorder to service, and thus denied the claim.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and for burial benefits based on a service-connected death due to lack of evidence linking any disability associated with the Veteran's death to his active military service.

The Veteran's general discharge from active duty does not meet the eligibility criteria for Post-9/11 GI Bill benefits due to his less than honorable discharge.

The Board denied the claim for payment of unauthorized private medical expenses incurred at a non-VA facility due to lack of emergency treatment and unavailability of VA facilities, but granted partial reimbursement based on reasonable attempts made by the non-VA provider.

The Board previously denied the Veteran's claim for an increased rating for his service-connected GSW involving Muscle Group XIII. The case was remanded by the Court and returned to the Board, which again denied the claim but granted a separate 10 percent rating for the entry wound scar. The Joint Motion requested that the case be remanded again due to uncertainty about the exact muscle groups involved and potential neurological impairment.

The Board finds that the Veteran's current cognitive and personality symptoms are not due to head trauma sustained in service, as his current conditions can be attributed to multiple factors including a 1995 motor vehicle accident.

The Board found that the Veteran's service-connected PTSD did not cause or contribute to his death from idiopathic cardiomyopathy.

The Board has remanded the case for additional development, including obtaining VA records and scheduling a VA examination. The Veteran's need for regular aid and attendance or housebound status due to service-connected disabilities will be evaluated.

The Board found that the Veteran's skin disorders are not related to service and denied his claim for service connection.

The Board has determined that the Veteran's current spine disability is not related to service, and thus denied his claim for service connection.

The Board found that the Veteran's left leg DVT existed prior to service and was not aggravated by service, thus denying his claim for service connection.,For his right leg DVT, the Board determined there was no evidence of a pre-existing condition in service or continuity of symptoms since service, leading to denial of his claim.

The Board found that the Veteran's respiratory disorder, including asthma and emphysema, is not due to a disease or injury incurred in service. The VA examiner concluded that the current condition of emphysema is related to the Veteran's long smoking history rather than military service.

The Veteran's prurigo nodularis is currently manifested by raised red lesions on his face, neck, or upper back that itch. The condition has been diagnosed and treated for many years without the need for additional diagnostic procedures or treatment methods.