Other conditions decisions — 2011

The Veteran's appeal is remanded due to a need for a new VA examination to assess the current severity of his service-connected knee condition.

The Veteran's varicosities of the right lower extremity are not manifested by persistent ulceration, warranting a 40 percent rating. The left lower extremity varicosities are characterized by edema and stasis pigmentation without persistent ulceration, qualifying for a 40 percent rating.

The Veteran's service-connected right shoulder disability, characterized by pain and stiffness with limited range of motion, does not warrant a higher initial rating as the evidence does not show such an exceptional disability picture that the available schedular evaluation is inadequate.

The Board has denied the Veteran's claim for educational benefits under Chapter 30, Title 38, United States Code for the period from September 29, 2005 through September 28, 2007 due to lack of entitlement under the law.

The Board denied the appellant's claim for payment of dependents' educational assistance (DEA) benefits under Chapter 35, Title 38, United States Code, prior to November 8, 2006, as she did not submit a valid claim before that date.

The Veteran's left thumb, index finger, middle finger, and little finger amputation is currently rated as 60 percent disabling. The Board found that the evidence does not support a higher rating based on his disability.

The Veteran's initial discharge was not an 'honorable' discharge, disqualifying him from eligibility for VA educational assistance under Chapter 30. As a result, his claim is denied.

The Board has remanded the case due to the need for representation and further development of the claim.

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund was denied because she did not have service in the United States Armed Forces as required by law.

The Veteran has pleural plaques that are the result of asbestos exposure in military service and the Board finds this to be at least in equipoise with the evidence, granting service connection.

The Veteran's unauthorized medical expenses incurred at Methodist Germantown Hospital in January 2009 are not eligible for payment or reimbursement due to his Medicare coverage, which precludes the requirement of having other insurance coverage under Section 1725.

The Board denied the veteran's claim for a one-time payment from the FVEC due to lack of qualifying service as per NPRC records.

The Board denied the appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board denied the veteran's claim for a one-time payment from the FVEC due to lack of qualifying service. The NPRC certified that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that the appellant does not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

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 qualifying service in the United States Armed Forces.

The Board denied the petition to reopen the claim regarding whether the character of the appellant's discharge is a bar to receiving VA benefits, finding no new and material evidence has been received.

The Veteran's claim for an increased rating for residuals of laryngeal cancer was denied by the Board. The evidence did not show thickening or nodules of cords, polyps, submucous infiltration or pre-malignant changes on biopsy, which would warrant a higher rating under DC 6516.

The Veteran's claim for service connection for psychosis associated with organic brain syndrome due to a car accident during active duty is granted. The May 1984 administrative decision, which denied the Veteran's compensation benefits, is found to contain clear and unmistakable error (CUE).

The Board denied the claim for educational assistance benefits under Chapter 1606, Title 10, United States Code (Montgomery GI Bill - Selected Reserve (MGIB-SR)) because the appellant is beyond the 10-year period in which to use his benefits and was not a drilling reservist on or after June 30, 2008.