Other conditions decisions — 2011

The Board found that the interruption of vocational rehabilitation benefits was proper due to the Veteran's failure to maintain satisfactory conduct in his program.

The Veteran's right foot condition is rated at 20 percent, reflecting moderately severe residuals. The left knee and lumbar spine conditions are secondary to the service-connected right foot disability.

The Veteran's appeal is being remanded due to his request for a hearing before a Veterans Law Judge at the RO.

The Veteran's service connection for basal cell carcinoma of the forehead and squamous cell carcinoma of the right thigh was granted effective May 1, 1986. The effective date is based on a more recent radiation dose assessment from the Defense Threat Reduction Agency.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran for purposes of entitlement to VA death benefits.

The Board has determined that the Veteran's claimed pancreatic, gallbladder, and bile duct disorders are not related to his active service or exposure to ionizing radiation. The evidence does not support a finding of service connection for these conditions.

The Board denied entitlement to special monthly compensation (SMC) based on the need of the Veteran's spouse for regular aid and attendance, finding that there is no evidence showing she meets the requirements for aid and attendance.

The Veteran's internal derangement temporomandibular joint disc disease has been rated at 10 percent, which is the maximum schedular rating available for this condition. The evidence does not support a higher evaluation.

The Board found that the appellant did not cohabitate with the Veteran continuously from their marriage until his death, and thus does not qualify as a surviving spouse for VA benefits.

The Board has granted the appellant's claim for a revised delimiting date of September 16, 2009, within which to utilize her DEA benefits for an approved program of education.

The appellant withdrew her appeal before the Board could make a decision.

The Veteran's appeal is being remanded for additional development, including obtaining relevant medical records and providing a new VA examination to assess the current severity of his service-connected chronic ulcer disease with deformity of duodenal bulb and duodenal ulcer.

The Board found no evidence to support the Veteran's claim that his gastrointestinal disorder, including diverticulitis, developed during service and is related to military service.

The Veteran is seeking an earlier effective date for the award of increased special monthly compensation (SMC) benefits under 38 U.S.C.A. � 1114(r)(2). The case has been remanded due to incomplete records and potential informal claims.

The Board found that the evidence established beyond a reasonable doubt that the Veteran knowingly submitted a false birth certificate to obtain VA benefits, leading to forfeiture of all rights under VA laws except those relating to insurance benefits.

The Veteran's overpayment of $111.69 was waived by the Committee on Waivers and Compromises due to his fault in creating the debt, as he did not notify VA immediately of his withdrawal from six credit hours at Marquette University.

The Board finds that the requirements for reimbursement under 38 C.F.R. § 17.1002 were met, and therefore grants the Appellant's claim for reimbursement of private medical expenses incurred on August 23, 2008.

The VA determined that the Veteran's DVT is not a result of, or proximately due to, his service-connected rheumatoid arthritis.

The Board denied the appellant's petition to reopen her claim seeking service connection for the Veteran's cause of death, finding that no new and material evidence had been submitted.

The Board denied the appellant's claim for legal entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualified service.