Other conditions decisions — 2011

The Board has determined that the RO's decision denying the Veteran's claim for educational assistance benefits under Chapter 30 of Title 38 is incorrect and requires further review to determine if the Veteran meets eligibility requirements.

The Veteran's claim for MGIB education benefits was denied because the facility he completed his program at was not approved by the Arizona State Approving Agency (SAA).

The Veteran's treatment at UTMB was not covered by VA because a VA facility was available and offered to admit him, but he chose to be treated privately.

The Board has determined that the Veteran's condition had stabilized by November 23, 2009, and a VA facility was not feasibly available for transfer at that time. The appeal is denied as payment or reimbursement cannot be granted due to lack of feasibility.

The Veteran's claim for an increased disability rating for his service-connected GSW of the scrotum and gluteal region of the left buttock is denied as a matter of law due to failure to report for a necessary VA examination without good cause.

The Board denied the appellant's claim for benefits under Chapter 18 of title 38, United States Code, as a child born with birth defects because there is no evidence that the appellant has spina bifida or any other disability resulting from it. The appeal was not about service connection at all.

The Board has reopened the Veteran's claim for service connection for an eye disability and remanded it for further development, including a VA examination to determine the etiology of any current eye disabilities.

The Veteran's service-connected periarthritis of the left hip and painful heels (periostitis) have been granted increased ratings to 20 percent each, effective from the date of the claim.

The Veteran's service-connected low back disability is currently rated at 40 percent, effective October 20, 2003. The rating reflects the Veteran's painful motion and functional impairment due to his lumbar spine disability.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any current gynecological disabilities, including thrombocytopenia and disability resulting in her hysterectomy. The Veteran's claims file must be provided to the examiner.

The Veteran's pension benefits were terminated effective June 27, 2005 due to his incarcerated beneficiary status.

The Veteran's claim for service connection for testicular cancer, including as due to Agent Orange exposure, is remanded for further development.

The Board denied the Veteran's request to reopen his claim of service connection for a right foot disorder, finding that no new and material evidence had been presented.

The Board has determined that further development is needed to determine the etiology of the Veteran's claimed deformed penis and shrinkage of the left testicle, as these conditions may be related to his service-connected prostate cancer and post-surgical treatment.

The Board has determined that the Veteran's current squamous cell carcinoma of the right tonsil with metastases to the lymph nodes is not related to his military service, including exposure to herbicide agents in Vietnam. Service connection for these conditions cannot be granted as they are not shown to have been incurred or aggravated by active duty.

The appeal has been withdrawn by the appellant, and therefore, the claims have been dismissed.

The Veteran's right eye solar retinopathy is related to his exposure to sunlight glare off of the ocean while serving aboard Navy ships, and the Board grants service connection for this condition.

The Veteran seeks service connection for a left foot nodule, which he claims is related to his service-connected Dupuytren's contractures of the hands. The case is being remanded for further examination and development.

The Board found that the Veteran does not currently have malaria, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical examinations and records, clarifying his receipt of Social Security Administration (SSA) disability benefits, and scheduling a VA examination to assess the nature and etiology of his claimed prostate disability and skin disability.