Other conditions decisions — 2012

The Board has determined that the Veteran's current bilateral knee disability, diagnosed as chondromalacia patella, is related to his service and granted service connection for this condition.

The Board found that the decedent's death was due to his own willful misconduct, specifically alcohol intoxication and attempting to swim across a river in the dark. The evidence supports this conclusion.

The Veteran's bilateral knee disabilities, specifically patellar hypermobility and chondromalacia osteochondritis desiccans with arthritis, are currently rated at 10 percent each. The current ratings do not meet the criteria for higher disability ratings as there is no compensable limitation of motion in either knee.

The appellant withdrew the appeal for the issue of entitlement to service connection for the cause of the Veteran's death.

The Veteran's death was not due to a service-connected disability, and the appellant did not receive any VA compensation or pension benefits at the time of his death. The Veteran had no pending claims for these benefits either. Therefore, non-service connected burial benefits were denied.

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 Veteran's unreimbursed medical expenses of $2,370 for 2009 were properly considered in a recomputation of his income that resulted in issuance of a $1,212 retroactive VA pension benefits payment; no further amount of pension benefit is necessary to account for such medical expenses.

The VA examiner found that the Veteran's pre-existing right eye disorder was not permanently worsened by a flash burn during service, and thus concluded it is not related to his military service.

The Veteran's claim for service connection for anemia and myelodysplastic syndrome anemia was denied as there is no current evidence of a diagnosed disability.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records and scheduling a VA examination. The case will be returned to the Board for further review after this development.

The Veteran's service-connected neurogenic bladder is currently rated at 40 percent, effective August 21, 2007. The Board denied a higher rating.

The Veteran's appeal includes claims for service connection and compensation under 38 U.S.C.A. � 1151, as well as a claim for TDIU. The case is being remanded to allow for further development and readjudication of these issues.

The Board denied increased ratings for the left knee disability and TDIU, finding that the Veteran's service-connected left knee disability did not meet criteria for higher ratings under applicable diagnostic codes.

The Board denied the Veteran's request to reopen his claim for service connection for residuals of a chest injury, finding that new and material evidence had not been received.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling appropriate examinations to assess any current pulmonary, kidney, liver, or thyroid disorders. The Veteran's claim will be reconsidered based on the additional evidence.

The Veteran seeks clarification on his eligibility for educational assistance benefits under the Post-9/11 GI Bill and resolution of an overpayment issue. The Board finds that a complete paid and due audit is required to determine how an overpayment was created and satisfied, as well as the amount of money paid by VA during the periods covered by his enrollment at Oxford University.

The Veteran seeks service connection for Crohn's disease, which he claims was aggravated by his active duty training in July 1990. The Board has remanded the case to determine if the Veteran's preexisting condition worsened during this period of ACDUTRA.

The Veteran's claim for an increased rating for his service-connected residuals of a gunshot wound to the right anterior thigh, muscle group XIV was denied. The initial rating for the right medial thigh gunshot wound scar was also denied.

The Board denied the Veteran's claim of entitlement to service connection for right long finger tenosynovitis and remanded his claim of an initial compensable disability rating for left third phalange avulsion fracture. The RO granted the latter, but denied the former.

The Board has granted service connection for peptic ulcer disease, finding that the Veteran's chronic condition developed during his active duty and is not due to any pre-existing condition.