Other conditions decisions — 2014

The Board denied the appellant's claim for educational assistance benefits under the Post-9/11 GI Bill at a 100% rate due to insufficient creditable service, ruling that he was only eligible for payment at the 50% and 60% rates.

The Board denied the appellant's claim for an extension of DEA benefits beyond July 31, 2005 due to his age at the time he elected the start date.

The Veteran's claim for payment or reimbursement of medical expenses incurred at a private facility from July 27-31, 2010 was denied in an April 2011 decision. The case is being remanded to the Albany VA Medical Center for further action.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a left leg disability. The Board also found that there is at least equipoise of evidence regarding whether the Veteran's current left peroneal nerve damage/disability is related to his in-service injury, thus granting service connection.

The Veteran's initial compensable rating for left pectoralis strain is granted at a 10 percent level.

The appellant's service with the Kansas Army National Guard is not qualifying for pension purposes, and thus basic eligibility for nonservice-connected pension benefits is denied.

The VA determined that the Veteran does not have current residuals of Valley Fever, and thus cannot establish service connection for a lung disorder.

The Board found that the Veteran's right shoulder disability was not caused by VA's failure to provide timely and adequate treatment, as his condition resulted from a pre-existing injury. The evidence did not show that VA failed to exercise the degree of skill and care ordinarily required in diagnosing and treating the condition.

The Board finds that the Veteran's left eye chorioretinitis was incurred in military service and grants service connection for this condition. The Board also found no evidence of a pre-existing disability, thus granting service connection for retinal atrophy as secondary to the contusion injury during active duty.

The Veteran does not experience any current disability due to restless leg syndrome that could be attributed to active service.

The Board has remanded the case to the RO for further development and consideration of the Veteran's claim for service connection for a dental disorder, including TMJ syndrome and bruxism. The case will be reviewed again after the requested actions are completed.

The Veteran's appeal is remanded due to the need for a VA examination and opinion regarding her memory loss and concentration problems, which may be related to service or service-connected disabilities.

The Veteran's urethral stricture with urinary tract infections and prostatitis is predominantly productive of voiding dysfunction manifest by urinary frequency of night-time voiding three to four times per night, warranting a 20 percent rating.

The Veteran's squamous cell carcinoma of the right tonsil is being remanded for additional development, including obtaining Social Security Administration records and a VA examination to determine if it is at least as likely as not related to his military service, specifically his presumed exposure to herbicides.

The Board has determined that the Veteran does not have a current disability of vision loss or memory loss, and therefore cannot establish service connection for these conditions.

The Veteran's osteomyelitis was present prior to his gallbladder surgery and is not considered a result of VA care, thus the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for clarification on whether the appellant remarried after her husband's death and to obtain an updated Financial Status Report. The overpayment of death pension benefits is denied.

The Veteran is seeking service connection for a double hernia, which he claims occurred during his military service. The Board has determined that additional development is needed to obtain relevant medical records and will remand the case for further action.

The Board has reopened the previously denied claim for service connection for intervertebral disc protrusion L4-5 and prolapse L5-S1, finding that new and material evidence was submitted. The Veteran's thoracolumbar back disability is now considered to be related to military service.

The Board finds that the Veteran's cause of death, ischemic stroke contributed by small bowel obstruction, is not due to or aggravated by a service-connected disability.