Other conditions decisions — 2011

The Board finds that the evidence is at least in equipoise with respect to whether the Veteran incurred injuries to the third and fourth toes of her right foot during active service. Service connection for residuals of injuries to the third and fourth toes of the right foot is granted.

The Board has determined that the Veteran does not have a thyroid disability that may be presumed to be caused by radiation exposure, and there is no competent evidence showing that his current Hashimoto's disease is related to service. As such, the claim for service connection for Hashimoto's disease is denied.

The Board has remanded the case for further development, including obtaining medical records and conducting VA examinations to assess the severity of the Veteran's service-connected right arm disabilities.

The Veteran's appeal is being remanded due to the need for clarification regarding his periods of active duty for training (ACDUTRA) and whether they constitute 'Federal service.' The case will be readjudicated after this information is obtained.

The Veteran's appeal for benefits under the Post-9/11 GI Bill at the 100 percent level is denied as there is no legal basis to grant such benefit based on the length of his qualifying service.

The Veteran's skin disability, diagnosed as dermatographism, is currently rated as noncompensably (0 percent) disabling. The case is REMANDED for further development and readjudication.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a VA examination.

The Board has granted a 80 percent rating for the Veteran's left lower extremity disability, effective December 8, 2009. The condition is rated as an amputation of the upper third of the thigh under Diagnostic Code 5161.

The Veteran's claim for additional education benefits (i.e., kicker) in excess of $738.89 per month for the Army College Fund was denied as there is no legal basis for entitlement to a greater amount under controlling laws and regulations.

The Veteran's claim for service connection for pelvic bone stress fractures is denied as there is no current disability. The Veteran's claim for nonservice-connected pension benefits is also denied due to lack of permanent and total disability.

The Veteran's claim for Post-9/11 GI Bill benefits was denied because he did not have the required 90 days of qualifying active duty service. The Board is remanding the case to obtain official personnel records that may show more than 90 days of qualifying active duty service.

The appellant is not eligible for accrued benefits as her lost wages do not qualify as expenses of the last illness or burial of the Veteran, and she does not meet other criteria for which accrued benefits could be paid.

The Veteran's service did not qualify her for Post 9/11 GI Bill educational assistance due to the requirement of four years of obligated service, which she had already completed.

The Veteran's residuals of a back injury are manifested by intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks, warranting a 60 percent rating.

The Board finds that the Veteran's election for Post-9/11 GI Bill benefits is irrevocable and cannot be rescinded.

The Board denied the Veteran's request for a waiver of recovery of an advance payment of educational assistance benefits in the amount of $3,000.00 due to the debt being properly created and because recovery would not be against equity and good conscience.

The Board has determined that recovery of the overpayment in the amount of $719.53 would be against equity and good conscience, thus granting the Veteran's waiver request.

The Veteran's claim for an increased rating for bilateral keratoconus has been granted, with a 70 percent rating effective February 3, 2011.

The Board denied service connection for lumbar spine, bowel, bladder, and headache conditions as they were not found to be aggravated by active duty service.

The Board found that the Veteran's gastrointestinal symptoms have been attributed to known clinical diagnoses and are not causally or etiologically related to his military service. Therefore, service connection for a gastrointestinal disorder was denied.