Other conditions decisions — 2011

The Veteran's claim for educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) for a non-college degree program was denied as he is not eligible due to the institution he attended being determined by VA's WEAMS database as a non-college degree school. The RO also concluded that the Veteran is not entitled to reimbursement of his second semester tuition.

The Veteran's appeal was denied as he did not meet the criteria for full-time enrollment, despite having completed 15.25 credit hours. The VA determined that only 7.5 credit hours were approved by a responsible official of the school.

The Veteran's service-connected sinus disorder characterized by nosebleeds does not meet the criteria for a compensable evaluation as there is no evidence of one or two incapacitating episodes per year requiring prolonged antibiotic treatment, nor three to six non-incapacitating episodes per year with symptoms like headaches, pain, and purulent discharge.

The Board found that the Veteran's sinus disability is not related to his military service and denied his claim.

The Veteran is seeking education benefits under the Post-9/11 GI Bill, but his service discharge was due to a pre-existing condition. The Board finds that an inextricably intertwined service connection claim must be resolved before appellate review can proceed.

The Board found that the Veteran's throat cancer, residuals, was not incurred in or aggravated by service and may not be presumed as such.

The Veteran's recurrent urethritis has not resulted in the need for wearing absorbent materials that must be changed more than 4 times per day, or the use of an appliance. The highest schedular evaluation assignable is 60 percent.

The case is being remanded for additional development, including obtaining Social Security Administration records. The claims will be adjudicated again after the development.

The Board has remanded the case for additional information and evidence from the appellant to support her claim for Parent's DIC benefits, as detailed below.

The Board has restored the Veteran's 60 percent rating for his service-connected fracture of the shaft of the right femur from June 1, 2008.

The Board has determined that the Veteran's current right hand strain is related to his military service, and thus service connection for a right hand disorder is granted. The heart murmur found during VA examination in October 2009 does not meet the criteria for service connection as it was not shown to be present during service or due to any service-connected condition.

The Veteran's separation pay of $67,252.68 is properly recouped from his VA disability compensation benefits.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's residuals of cholecystectomy were caused or aggravated by his service-connected diabetes mellitus type II, and thus grants the claim for service connection.

The Board found that the appellant does not meet the basic eligibility requirements for VA benefits due to lack of service as an individual or member of a group considered to have performed active military service.

The Veteran's claim for service connection for residuals of Valley Fever, claimed as a lung disorder is being remanded due to the need for additional medical examination and development.

The Veteran's claim for retroactive educational assistance for training completed in May 2002 is denied as he is not entitled to these benefits due to the rule barring duplication of educational assistance and the law limiting retroactive benefits.

The Veteran's appeal for more than 4 months of educational assistance benefits under the Post-9/11 GI Bill was denied as he has already received a maximum allowable aggregate of 48 months of benefits.

The Veteran seeks service connection for idiopathic cardiomyopathy, which was first documented on October 14, 2006. The appeal is remanded due to the need for verification of the nature of his service and a line of duty determination.

The Veteran's application for educational assistance under the Post-9/11 GI Bill is denied as he does not meet the service requirements for eligibility.

The Board of Veterans' Appeals has determined that the appellant is not entitled to recognition as the Veteran's surviving spouse for the purpose of receiving VA death pension benefits.