Other conditions decisions — 2013

The Veteran's current gingival hyperplasia and periodontal disease were not caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The Board finds that the proximate cause of the Veteran's condition was an event not reasonably foreseeable.

The Veteran disagrees with the creation of an overpayment in the amount of $7,008.60 in MGIB education assistance benefits due to a four week extension that reduced his equivalent credit hours from half-time training to less than half-time training. The case is being remanded for further development and consideration.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of recognized service in the U.S. Armed Forces during World War II.

The Veteran's military service does not meet the threshold requirements for VA pension benefits as he did not serve in Vietnam and was not discharged or released from service due to a service-connected disability.

The Board denied the Veteran's request to revoke her Chapter 33 education benefits election effective August 9, 2010, as it is a matter of law and there are no legal grounds for revoking or revising the election.

The Board has determined that the appellant does not meet the legal requirements for obtaining a one-time payment from the FVEC Fund and thus denied his claim.

The Veteran's claims are being remanded for further development, including obtaining dental treatment records and arranging for VA examinations to determine the nature and etiology of his claimed disabilities.

The Board found that the Veteran does not have a skin disorder that began in service or is related to herbicide exposure. The VA examiner concluded that his xerosis was not at least as likely as not caused by or related to service, including herbicide exposure.

The Board has remanded the case for a Travel Board Hearing at the RO due to the Veterans Law Judge who conducted the October 2009 hearing is no longer employed by the Board. The Veteran requested this, and the case will be returned to the RO for further action.

The Board found that the appellant's August 7, 2003 Form 9 substantive appeal was timely filed and granted service connection for the cause of the Veteran's death.

The Board has determined that the evidence is in equipoise, and therefore grants service connection for the cause of the Veteran's death due to acute myelogenous leukemia.

The Veteran's excessive sleepiness has been found to have persisted and is currently rated at 20 percent, but the reduction from 60 percent was improper. The Board has remanded this issue for further review.

The Board has remanded the claims for further development due to inadequate examination and additional evidentiary development is required.

The Board has remanded the case for additional development, including obtaining VA treatment records and requesting a medical opinion on whether the Veteran's service-connected dysthymic disorder contributed to his death.

The Board has granted service connection for a paralyzed lung disability and a right leg disability, both presumed to be due to Post-Polio Syndrome (PPS) incurred or aggravated by service. The cause of the Veteran's death is also found to be related to PPS.

The Board is remanding the case to address whether the December 2004 rating action denying service connection for EBV residuals was timely appealed and whether new and material evidence has been received to reopen the claim.

The Board denied the appellant's claim for basic eligibility for VA home loan benefits as he did not meet the required service criteria.

The Veteran's varicose veins of both legs were rated at 20 percent prior to March 12, 2011. Effective as of March 12, 2011, the Veteran's varicose veins have been rated at 40 percent.

The Veteran's neurogenic bowel disorder was granted a 100% rating effective July 15, 2002. The original July 18, 1995 rating decision that assigned the initial 10% rating for bowel dysfunction is found to be clearly and unmistakably erroneous due to misapplication of regulations.

The Veteran's appeals have been dismissed as he has withdrawn his claims for increased ratings for right great toe disability.