Other conditions decisions — 2011

The Board has dismissed the appeal for an initial compensable rating for right ear drum perforation as there is no legal basis for the benefit sought.

The Board has ordered a remand to obtain missing service treatment records and to schedule the appellant for a VA examination. The claims will be reconsidered based on the new evidence.

The Board has reopened the Veteran's claim for service connection for posttraumatic stress disorder and determined that new and material evidence has been submitted. The Veteran is now entitled to a determination on the merits of his claim.

The Board found that the Veteran's esophageal cancer was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's eustachian tube dysfunction of the right ear is manifested by daily pain and build-up of pressure requiring performance of the valsalva maneuver several times a day, with a scarred, flaccid, severely retracted tympanic membrane and history of prior perforation and fluid in the ear. Placement of a ventilating tube in the tympanic membrane has been clinically suggested.

The Veteran's claims for higher evaluations of chronic reflux and right foot bunion, as well as service connection for varicose veins and a dental disability, were denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of 10 percent for chronic reflux or a compensable evaluation for a right foot bunion.

The Veteran is seeking service connection for pancreatitis, which he claims is secondary to his service-connected knee disabilities. The case must be remanded to obtain additional VA treatment records and a medical opinion regarding whether the medication used for his service-connected conditions caused or aggravated his pancreatitis.

The Board has determined that recovery of the overpayment is not against equity and good conscience, as it would not result in undue hardship for the Veteran.

The Veteran's cause of death was not attributed to a service-connected disability. The Board found no evidence linking the bladder cancer to his active duty service, and denied both the claim for service connection and the accrued benefits claim based on service connection.

The appellant's claim for an extension of the delimiting date for Chapter 30 educational benefits beyond December 4, 2006 was denied as there is no evidence of a physical or mental disability that prevented him from initiating or completing his chosen program of education.

The Board denied the appellant's claims for non-service-connected death pension benefits and accrued benefits due to her net worth exceeding the required level, which precluded payment of these benefits. The Veteran did not have any pending claims at the time of his death.

The Veteran's service-connected hallux valgus of the left and right feet have been rated as noncompensable for the entire appeal period. The Board finds that his symptoms, including pain, heat, stiffness, and abnormal weight bearing, meet the criteria for a compensable rating.

The Veteran's delimiting date for educational assistance benefits was properly adjusted, and the criteria for an additional extension of the delimiting date are not met.

The Department of Defense has determined that the Veteran is not eligible for Chapter 1607/REAP educational benefits due to his short period of active duty.

The Board has granted an effective date of March 28, 2003 for the award of additional compensation for a dependent spouse.

The Board has granted service connection for a herpes simplex condition of the left eye and forehead, finding that this condition was incurred during active military service.

The VA denied the appellant's eligibility for Dependents' Educational Assistance (DEA) benefits due to his service being under other than honorable conditions, which makes him ineligible for these benefits.

The Board denied the Veteran's claim for a dependency allowance for his grandson (S.L.B.) as he did not meet the eligibility requirements under VA regulations.

The Veteran's medical expenses incurred from October 6, 2008 to December 8, 2008 at Evanston Hospital - North Shore University Health System were not authorized by VA and do not meet the criteria for payment or reimbursement under applicable regulations.

The Board denied the Veteran's claim for service connection of a mood disorder as secondary to his service-connected pseudofollicultis barbae (PFB). The Court found that more clarification was needed regarding whether the Veteran had ever filed a claim of service connection for eczema or dermatitis, and if so, whether he was service connected for these conditions.