Other conditions decisions — 2011

The Veteran's blepharospasm of the left eyelid is rated at a 10 percent disability rating, but no higher.

The Veteran's eligibility for VA education benefits was found to be incorrect, resulting in an overpayment of $2,081.62. The Board determined that the Veteran did not have significant fault in creating this debt and granted a waiver of recovery.

The Board found no evidence of additional disability resulting from VA treatment, and concluded that the proximate cause was not due to VA's fault or foreseeable event.

The Board found that the Veteran's fatal primary dementia was not due to a disability incurred in or aggravated by service.

The Board has determined that the appellant's income for calendar year 2009 did not exceed the maximum annual income limit for death pension benefits with aid and attendance, thus granting her entitlement to these benefits.

The Veteran's residuals of a left leg and hip injury are found to be secondary to his service-connected low back disorder. The initial disability rating for the Veteran's low back disorder is granted at 20 percent.

The Board found that the appellant's discharge was due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board found that the Veteran's service-connected right inguinal herniorrhaphy does not meet or nearly approximate the criteria for a compensable disability rating, as there is no evidence of recurrent post-operative hernia. The current noncompensable rating adequately reflects his symptoms.

The Veteran's appeal is being remanded for additional development, including obtaining his VA outpatient treatment records and Vocational Rehabilitation and Education file. The claim of entitlement to TDIU will be reconsidered based on the new evidence.

The Board found that the Veteran's additional disability was not caused by VA care, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board has granted service connection for the appellant's hallux valgus of both feet and assigned specific disability ratings based on the severity of her symptoms. The initial grant of service connection resulted in a 10 percent rating, which was increased to 30 percent from January 1, 2009, to March 27, 2009, and again to 30 percent from July 1, 2009, to the present. The appellant's left toe disability received a 20 percent rating effective September 29, 2009.

The Appellant's claim for reinstatement of DIC benefits was denied as she submitted her claim after the deadline set by law.

The Veteran's claim for an increased rating for psoriatic arthritis is being remanded due to the need for additional VA examinations and treatment records.

The Board has determined that the Veteran's pelvic mass and left ovary removal are related to her military service, granting her claims for service connection.

The Board denied service connection for gastrointestinal, right foot, and left foot conditions as there is no current evidence of a chronic disability in any of these areas.

The Board has determined that the Veteran is not eligible for VA educational assistance benefits under the Montgomery GI Bill-Selected Reserve (Chapter 1607) program due to his transfer from the Selected Reserve, and therefore denied the claim.

The Board has determined that additional development is needed to obtain VA medical records, Social Security Administration (SSA) disability benefits records, and vocational rehabilitation folder. The Veteran's claims for service connection and increased ratings are being remanded.

The Board has determined that the Veteran does not have a current disability involving the left lower extremity, including residuals of a left femur fracture, that is related to his active service.

The Board has remanded the case for further development and readjudication, including providing proper notice to the appellant regarding his eligibility for earlier effective date of Dependents' Educational Assistance (DEA) benefits.

The Board has determined that additional development is needed to determine the nature and etiology of any left foot stress fracture or bilateral shin splints, as well as whether a psychiatric disorder existed prior to service. The Veteran's claims are being remanded for these purposes.