Other conditions decisions — 2011

The VA denied an initial compensable rating for traumatic iritis of the left eye, which is currently manifested by corrected vision better than 20/50 with complaints of alternating dry and watery left eye.

The Veteran's claim for an earlier effective date for the award of a TDIU is granted, with the effective date set at June 15, 2007.

The Veteran's service was less than the required minimum period of active duty (24 months) for VA healthcare benefits, and thus he is denied eligibility.

The Board has granted the Veteran's appeal, finding that he did not make an irrevocable election for educational benefits under the Post-9/11-GI Bill program in lieu of benefits under the Montgomery GI Bill (MGIB) program.

The Veteran's claim for educational assistance at a higher percentage rate under the Post-9/11 GI Bill was denied as there is no legal basis on which to grant the claim. The appeal is dismissed.

The appellant's countable annual income exceeds the maximum annual pension rate for death pension benefits, thus she is not eligible for these benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 19, 2009 at Ellis Hospital was denied because the claim was not filed within 90 days after exhausting action to obtain payment from a third party (Medicare).

The Board denied an increased rating for the Veteran's service-connected left knee disability, finding that the evidence did not support a separate rating for instability and removal of semilunar cartilage. The case is remanded for further development.

The Board found that the Veteran was not a fugitive felon and therefore, the termination of his VA compensation payments from January 25 to October 4, 2005 was unwarranted. Consequently, the overpayment of benefits and resulting indebtedness were also invalid.

The Board found that the appellant's lymphedema was not caused by VA treatment for macromastia, including bilateral simple mastectomies. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Board has granted service connection for the Veteran's postoperative umbilical hernia and assigned a 10 percent rating effective from November 3, 2010. Prior to this date, there was no evidence of recurrent or unwell-supported hernia requiring a truss.

The Veteran's appeal is being remanded to consider the issues of service connection for alcohol dependence, substance-induced mood disorder and opiate and benzodiazepine abuse on a secondary basis due to PTSD. The issue of compensation under 38 U.S.C.A. � 1151 for bilateral hematoma and multiple cerebral contusions is also being remanded.

The Board has determined that the Veteran's sinus disorder and allergies are likely due to conditions he experienced during his military service, leading to a grant of service connection for these conditions.

The Board denied service connection for a psychiatric disability other than PTSD, finding that the Veteran's current diagnoses do not meet the criteria for VA compensation and there is no medical evidence linking any diagnosed condition to his military service.

The Veteran's shell fragment wound residuals were rated at 10 percent for the period prior to March 26, 2010 and increased to 10 percent effective March 26, 2010. The current rating is appropriate given the nature of his service-connected disability.

The Board denied an increased rating for the Veteran's service-connected stress fractures of the feet, finding that the evidence did not show a worsening in his functional impairment or interference with employment.

The Veteran's disability picture entitles him to two or more of the rates provided in 38 U.S.C.A. § 1114(l) through (n), with no service-connected condition being considered twice, thus meeting the criteria for an increased rate of SMC.

The Veteran's tachycardia with palpitations is presumed to have been incurred during her service in the Gulf War, and she has a current disability. Service connection for this condition is granted.

The Veteran's diagnosed lung disability, chronic obstructive pulmonary disease (COPD), is not attributable to service and was denied.

The Veteran's service-connected vitiligo is rated at 10 percent, the maximum available under Diagnostic Code 7823. The condition does not meet criteria for a higher rating based on exposure or other factors.