Other conditions decisions — 2011

The Veteran's gastrointestinal disorder, manifested by constant abdominal pain and alternating constipation and diarrhea, warrants a higher 30 percent rating for chronic constipation.

The Veteran's preexisting bilateral hallux valgus deformity and bunions did not permanently worsen during her military service. She underwent surgeries to correct the condition, which resulted in improvement.

The Board has determined that the Veteran's current bilateral pingueculae and dry eye syndrome were incurred in active military service.

The Board has determined that the Veteran's sickle cell anemia was incurred during active service, as it manifested during basic training.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for generalized dystonia (also claimed as neurological deficit, bilateral arms, hands, back, and segmental dystonia with torticollis and neck pain, nerves, muscles). The March 2006 rating decision is final.

The Board has granted the Veteran's appeal, finding that her election for Post-9/11 GI BILL benefits was not irrevocable and thus did not result in a loss of MGIB benefits.

The Veteran's appeal is remanded due to the need for a more recent VA examination and additional treatment records, including SSA records.

The Board finds the Veteran's election to receive Post-9/11 GI Bill benefits and relinquishing eligibility for Montgomery GI Bill benefits was irrevocable, based on his completed VA Form 22-1990. The appeal is denied.

The Veteran's application for reimbursement under the LAC program for a licensed vocational nurse test taken on June 9, 2008 was received by VA in May 2010. The Board finds that reimbursement is denied as there is no apparent legal basis for payment.

The appellant does not meet the basic eligibility requirements to receive educational benefits under Chapter 33 of Title 38, United States Code (Post-9/11 GI Bill) due to insufficient active duty service and lack of an irrevocable election for education benefits.

The Veteran's claim for service connection for a dental disability is being remanded due to the need for additional medical opinions regarding the etiology of his current dental and jaw disabilities, as well as the treatment he received during active duty.

The Veteran's active service does not meet the eligibility requirements for VA educational benefits under Chapter 30, Title 38, United States Code. The Board denied her claim as she did not contribute to the MGIB education benefit program during her period of military service and did not make an irrevocable election to receive benefits under Chapter 30 in lieu of benefits under Chapter 32.

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

The Veteran's memory loss has not been attributed to a service-connected condition or due to undiagnosed illness, and the evidence does not support a finding of direct service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to determine the nature and etiology of her gastrointestinal disability, and another VA examination to assess the severity of her urinary tract infection.

The Veteran's appeal for additional Chapter 33 benefits was denied because he had already used up to 26 months and 3 days of full-time education benefits under Chapter 32, leaving him with a maximum of 21 months and 27 days of full-time Chapter 33 benefits.

The Veteran's service-connected left thumb disability is currently rated at 10 percent, reflecting arthritis and some functional loss due to pain. The evidence does not show a limitation of motion that would warrant a higher rating.

The Veteran's appeals for initial compensable evaluations and earlier effective dates for her service-connected left hand strain and right hand strain have been dismissed due to her withdrawal of the appeals.

The VA determined that the Veteran's cardiovascular disease is not proximately due to, a result of, or aggravated by his service-connected disabilities.

The Board has determined that the appellant cannot be recognized as the surviving spouse of the Veteran for purposes of receiving VA benefits, such that her claim must be denied.