Other conditions decisions — 2014

The appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed as the claim was granted retroactively in December 2012.

The Veteran's increased rating claim for vagotomy residuals was denied as his disability did not meet the criteria for a higher rating.,Service connection claims for prostate and urinary tract disorders were also denied due to lack of evidence linking these conditions to service.

The Board found that the Veteran did not make an irrevocable election for education benefits under the Post-9/11-GI Bill program (Chapter 33) in lieu of benefits under the Montgomery GI Bill (MGIB) program (Chapter 30), and thus the RO must recalculate her entitlement to VA education benefits.

The Veteran's cause of death, glioblastoma multiforme, is found to be related to service exposure to Agent Orange.,The appellant's claim for accrued benefits has been reopened.

The Veteran has withdrawn his appeals for service connection for temporomandibular joint disease, a chronic disability manifested by staggering, light-headedness and dizzy spells, and an evaluation in excess of 30 percent for depressive disorder. As such, the appeal is dismissed.

The Board found that the discontinuance of Vocational Rehabilitation and Employment benefits under Chapter 31, Title 38, United States Code, was proper due to the Veteran's unsatisfactory cooperation with his rehabilitation plan.

The claimant, the daughter of the deceased veteran who died in February 2009, is not eligible to receive a one-time payment from the Filipino Veterans Equity Compensation Fund (FVECF) as she does not meet the eligibility criteria for surviving children.

The Board of Veterans' Appeals has determined that the character of the appellant's discharge from service is not a bar to VA compensation benefits.

The Veteran's appeal is being remanded to obtain additional records and conduct a new VA examination. The current rating for the service-connected low back disability remains at 40 percent.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a right foot amputation resulting from VA treatment at the Minneapolis VA Medical Center from June 21, 2010 to July 26, 2010. The case has been remanded due to inadequate medical opinions.

The Board found that the Veteran's election for Post-9/11 GI Bill benefits is irrevocable and denied his appeal for a rescission of these benefits. The claim for a higher rate of Chapter 33 educational assistance was also denied as he did not meet the eligibility criteria.

The Board has determined that a remand is necessary to obtain updated medical records and to schedule the Veteran for an examination to determine the nature and etiology of his bilateral hip disorder.

The Board has decided that additional evidence is needed to determine if the appellant's 'other than honorable' discharge can be considered an 'honorable' discharge for VA purposes. The case will be returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's mother is not eligible for CHAMPVA benefits as the law does not provide for such eligibility.

The Veteran's appeal for a special home adaptation grant has been withdrawn, and the Board is dismissing the case as a result.

The Veteran's appeal is denied as he did not meet the legal criteria for extending his delimiting date beyond April 3, 2009.

The Veteran's death occurred prior to the eligibility date for a government-furnished headstone or marker, and he was buried in a private cemetery with a privately-purchased headstone. Therefore, his claim is denied.

The Board has ordered additional development to verify the character of discharge for a specific period of service. The case will be returned to the Board after this verification is completed.

The Veteran's ulcerative colitis is currently productive of complaints of attacks seven or more times per year, including ones leading to vitamin deficiency and requiring hospitalization. The evidence shows severe ulcerative colitis with numerous attacks a year.

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.