Other conditions decisions — 2012

The Veteran's appeal seeking entitlement to additional educational benefits under the Post-9/10 GI Bill is dismissed as his irrevocable election of education benefits has not been made.

The Board has determined that the appellant waived her right to Civil Service Retirement income, which was previously considered countable income for VA purposes. As a result, her death pension benefits were reduced accordingly.

The Veteran's discharge was due to a pre-existing foot condition that was service-connected, meeting the criteria for educational assistance under Chapter 33 of Title 38.

The Board found that the appellant did not have qualifying service with the United States Armed Forces and therefore does not meet the criteria for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim for payment or reimbursement of unauthorized medical services rendered at Gulf Coast Medical Center from April 6, 2009 to April 7, 2009 was denied as the condition had stabilized and VA facilities were not feasibly available.

The Board denied legal entitlement to a one-time payment from the FVEC Fund due to lack of service in the United States Armed Forces, as certified by NPRC.

The Board dismissed the appeal because the Veteran died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the Veteran does not have any current left or right hand disabilities that are related to his military service. The Veteran's current Dupuytren's contractures were found to be unrelated to his in-service injury and surgery.

The appellant is denied recognition as the Veteran's surviving spouse for VA Dependents and Indemnity Compensation (DIC) and death pension benefits purposes due to her remarriage after the age of 57, which precludes her from being considered a surviving spouse.

The Veteran is seeking compensation for additional cardiovascular disability, including aortic aneurysm and decreased stamina, claimed as due to VA care or lack of proper care following surgery in January 2005. The case is being remanded for further development.

The Veteran's service-connected idiopathic familial tremor is currently rated at the maximum schedular rating of 30 percent, and there is no evidence that warrants a higher rating. The claim for an extraschedular rating remains pending.

The Veteran does not have a disability manifested by an acquired visual loss due to disease or injury that was incurred in or aggravated by active service.

The Veteran's death was caused by anoxic brain injury post cardiac arrest, with Crohn's disease listed as a contributing cause. The VA physician found it at least as likely as not that the Crohn's Disease began during service.

The Veteran's GI disorder is related to his service-connected disabilities, and he meets the criteria for a TDIU since November 5, 2009.

The Board has determined that the Veteran's service-connected condyloma accuminata in the penile and anal areas is not present at any time during the appeal period, resulting in a denial of his claim for a compensable rating.

The Board found that the overpayment was validly created due to a retroactive award of Chapter 35 benefits, and denied waiver of recovery because repayment would not result in undue financial hardship.

The Board has determined that the Veteran's HIV and HIV-related disorders were not incurred in or aggravated by active service, nor may they be presumed to have been so incurred.

The Board has remanded the case for additional development due to missing service medical records and an incomplete examination report. The Veteran's claim will be reconsidered after these steps are completed.

The Veteran's right hip disability is manifested by limited range of motion, but no knee or low back disability has been etiologically linked to the service-connected condition. The Board finds that an initial rating in excess of 10 percent for residuals of sepsis infection, now characterized as right hip pain, does not meet the criteria.

The Board has determined that the Veteran incurred shrapnel wounds to his left arm, eyes and scalp, and throat and chin during service. Service connection is granted for these conditions.