Other conditions decisions — 2011

The Veteran's appeal is remanded for further examination and determination of whether his left leg injury was incurred or aggravated during active duty service.

The Board denied the claim that the character of the appellant's discharge from service constitutes a bar to VA benefits, finding no new and material evidence presented.

The Veteran's laryngitis is manifested by hoarseness, inflammation, and hyperkeratosis. The Board has determined that a 30 percent disability rating for the service-connected laryngitis is granted.

The Veteran's appeal for educational assistance benefits under Chapter 30, Title 38, United States Code, for the interval period from May 17, 2009, to July 5, 2009 was denied as the summer term in question is not at least as long as the immediately preceding interval period.

The Board found that the appellant's deceased husband did not have any recognized active service with the United States Armed Forces, and therefore was not a veteran. As a result, the appellant is not entitled to VA death benefits based on her spouse's service.

The Veteran's arthritic gout of the bilateral feet was productive of a definite impairment of health objectively supported by incapacitating exacerbations occurring three times a year, to include pain, stiffness and fatigability. The initial rating of 20 percent for this condition is granted.

The Appellant's estate is considered to be of considerable size, and her net worth exceeds the maximum annual pension rate. Therefore, it is reasonable for some part of her estate to be consumed for her maintenance.

The Veteran's death is not service-connected, but the surviving spouse is denied DIC benefits as they do not meet the criteria for total disability due to service-connected conditions.

The Board found that the Veteran's myasthenia gravis did not manifest during service or within one year of discharge, and is not related to his military service, including as due to herbicide exposure. Therefore, service connection for myasthenia gravis was denied.

The Board denied service connection for gout, colorectal cancer, and benign prostate hypertrophy (claimed as a prostate ailment) due to lack of evidence linking these conditions to service. The Veteran's combined disability rating was set at 80 percent effective August 11, 2008.

The Veteran is seeking service connection for a left heel disability, which he claims was incurred during active military service. The VA has requested additional medical examination and treatment records to determine the nature and etiology of his claimed condition.

The Veteran's death was not due to service-connected causes, and the appellant is not entitled to a plot or interment allowance as she has not paid for reopening the private cemetery plot where her father's remains are stored.

The Veteran's death was caused by cerebral vascular accident hemorrhage due to congestive heart failure, both of which are not related to service.

The Board found that the Veteran's meralgia paresthetica of the right leg was not incurred in or aggravated by service, and denied her claim.

The Veteran's unauthorized medical expenses for treatment of a right hip fracture incurred at a private in-patient facility between January 9, 2009 and January 21, 2009 were denied as the treatment was not authorized by VA.

The Board found that the appellant 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 program, and denied reimbursement for the Study Abroad Program in Mexico.

The Board has determined that the Veteran's bilateral posterior crossbite, with minimal occlusal contact in the left quadrant and no occlusal contact in the right quadrant, was caused by his April 1997 in-service Le Fort I osteotomy. The surgery overcorrected a pre-existing malocclusion problem, resulting in current bite issues.

The retroactive award of compensation benefits for the period from December 1, 2006 to August 1, 2007 was correctly calculated and paid.

The Veteran requested to withdraw his appeal regarding the issue of waiver of overpayment, and as a result, the Board dismissed the appeal.

The Veteran's request for waiver of recovery of an overpayment of VA pension benefits was denied due to a timing issue. The case is being remanded to the RO for scheduling a Travel Board hearing.