Other conditions decisions — 2011

The Board has determined that the Veteran's service-connected acid peptic ulcer disease warrants a 30 percent disability rating, effective from February 10, 2009. The right orchiectomy is rated at 30 percent disabling.

The Board has denied the appellant's claim for an apportionment of the Veteran's VA compensation benefits due to the Veteran adequately discharging his duty to support her prior to their divorce, and she is not legally entitled to an apportionment following the divorce.

The Board has determined that there is no competent evidence linking the Veteran's current right foot injury and numbness to his military service, including any exposure during service. The claim for service connection is therefore denied.

The Board has determined that the evidence does not present new and material information to reopen the claim for non-service-connected disability pension benefits, as it is essentially duplicative of previous evidence. The appellant's service was only ACDUTRA from May 1960 to December 1960, which does not qualify him for disability pension benefits.

The Veteran's unauthorized medical expenses incurred at Capitol Regional Medical Center on April 25, 2009 for a right fourth toe contusion were denied as there was no evidence of a medical emergency and the VA facility in Tallahassee was feasibly available.

The Board has remanded the case for additional development and readjudication due to new evidence submitted by the Veteran.

The Board denied the Veteran's claims for increased ratings for post-concussive syndrome and low back disorder, finding that the current evaluations adequately reflect the severity of his conditions.

The Veteran's claim for reimbursement of certification examination fees under the Post-9/11 GI Bill was denied as the CPAN, administered by the American Board of Perianesthesia Nursing Certification, Inc., has not been approved by the Secretary for reimbursement.

The Board finds that an effective date earlier than April 17, 2000 for the grant of service connection for the cause of the Veteran's death is not warranted. The appellant did not file a pending claim before this date.

The Board found that the Veteran's death was not caused or hastened by a disability incurred in or aggravated by service. The claim for service connection for the cause of the Veteran's death is denied.

The Veteran's son is not legally entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund as he did not file a claim under the Act, which was enacted after the Veteran's death.

The Veteran's claim for an earlier effective date for service connection of pseudofolliculitis barbae was denied as the earliest date entitlement arose is April 17, 2006. The Board found that no previous claims were filed prior to this date.

The Board has remanded the case for further development and readjudication due to inconsistencies in the number of months and days of educational assistance benefits used by the Veteran under different programs.

The Veteran's request to make an irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program was denied.

The Board denied the Veteran's request for a waiver of overpayment of $3,000.00 advanced payment for VA education benefits due to fault on his part and lack of undue hardship.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because her father's permanent and total disability rating was effective after she reached the age of 26.

The Veteran's service-connected nicotine dependence does not result in any interference with occupational and social functioning or require continuous medication, thus the claim for an increased rating is denied.

The Board has determined that the appellant's polyarthralgia is due to an undiagnosed illness associated with her participation in the Persian Gulf War, and service connection is granted.

The Veteran's claim for an increased rating for his service-connected neck injury residuals was denied, as the condition does not meet the criteria for a higher evaluation. The current disability is manifested by pain and limitation of motion without unfavorable ankylosis.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) was dismissed due to the death of the appellant-Veteran during the pendency of the appeal.