Other conditions decisions — 2011

The Board denied the Veteran's claim for reimbursement of unauthorized medical expenses as his notice of disagreement (NOD) was not timely filed within one year after receiving the November 2007 and January 2008 decisions.

The VA denied the Veteran's claim for basic eligibility to education benefits under Chapter 1606, Title 10, United States Code (Montgomery GI Bill - Selected Reserve) due to a determination that her eligibility was terminated on March 13, 1988 because of unsatisfactory participation in the California Army National Guard.

The appeal has been dismissed due to the death of the appellant, and the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has determined that the Veteran's claim of entitlement to service connection for residuals of an injury to the neck cannot be reopened because the new evidence submitted does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's application for educational assistance benefits under Chapter 30, Title 38, United States Code was denied as he did not meet the eligibility requirements for the program.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a dental disability, resulting in its denial.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill is denied as she has already used up her entitlement to such benefits.

The Board has determined that the Veteran's bilateral hand arthritis, unspecified type, is related to his service and grants this claim.

The Board found that the evidence submitted since the April 2007 rating decision is cumulative and does not provide new or material evidence to reopen the claim of service connection for nasopharyngeal cancer due to Agent Orange exposure.

The Board has determined that the Veteran's duodenal ulcer or peptic ulcer disease was incurred in service due to aggravation, and thus granted service connection.

The Veteran's appeal is being remanded for further development and readjudication due to inconsistencies in the explanation of qualifying service periods.

The Board has determined that the Veteran did not make an irrevocable election for education benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program, thus granting the appeal.

The Veteran's request for waiver of overpayment of VA education benefits was denied. The Board found that recovery of the overpayment would not be against equity and good conscience, but also noted that the Veteran did not change her position to her detriment.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for right and left lower extremity peripheral vascular disease and neuropathy were denied as the carelessness, negligence, lack of proper skill or error in judgment on the part of VA was not demonstrated.

The Veteran's service-connected post-operative residuals of the index finger and ring finger of the left hand are currently rated as 10 percent disabling, but no higher. The rating is based on limitation of motion due to pain, weakness, and reduced grip strength.

The Veteran's follicular lymphoma was not incurred or aggravated by service, including exposure to ionizing radiation or occupational exposure to gasoline and petroleum products. The Board found no evidence supporting these claims.

The Veteran's vascular disability is not proximately due to, the result of, or aggravated by his service-connected right ankle and knee disabilities. The Board finds that the March 2008 VA medical opinion constitutes probative evidence against the Veteran's claim.

The Board determined that the cause of the Veteran's death was not related to any service-connected disability, and therefore denied service connection for the cause of death. The claim for DIC benefits under 38 U.S.C.A. § 1318 was also denied.

The VA determined that the Veteran's service-connected residuals of a ganglion cyst removal on the left foot cause moderate functional impairment, warranting a 10% disability rating.