Other conditions decisions — 2014

The Veteran's claim for an effective date prior to February 6, 1991, for the award of service connection for right orchiectomy residuals is dismissed as he did not submit a notice of disagreement with the assigned effective date.

The Veteran's appeal is being remanded due to the need for a VA examination and additional development of her claim.

The Veteran's appeal is being remanded for additional examinations and development of his claims, including a muscle disorder secondary to his service-connected hernia.

The Board has remanded the case for further development, including issuing a Statement of the Case on service connection for cause of death and considering the DIC claim under 38 U.S.C.A. § 1318.

The Veteran's low back disability, including spondylolysis L5 on left with grade I spondylolisthesis L5-S1 and meralgia paresthetica of the right leg, is currently rated at 40 percent under the General Formula for Rating Diseases and Injuries of the Spine. This rating is appropriate given the Veteran's limited range of motion in his thoracolumbar spine.

The Veteran's claim for a higher initial rating for his right knee disorder prior to December 28, 2009 was denied as the disability did not meet the criteria for an increased rating under Diagnostic Code 5261 (limitation of extension).

The Board has decided to remand the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the Veteran's pilonidal fistula cyst and considering his in-service duties.

The Veteran's claim for an increased rating for his fracture of the left angle, right mandible is being remanded due to the need for additional medical records and a new examination.

The Board has decided to remand the case for a videoconference hearing at the RO, as the appellant requested. The issue of reopening service connection for a platelet disorder due to herbicide exposure is on appeal.

The Board finds that the Veteran did not make a valid irrevocable election of Post-9/11 GI Bill (Chapter 33) education benefits in lieu of MGIB (Chapter 30) education benefits prior to September 1, 2010. The appeal is denied.

The Veteran's adjustment disorder with depressed mood did not manifest in service and is not attributable to service. The claim for service connection of an acquired psychiatric disorder other than PTSD is denied.

The Board has determined that the appellant does not have qualifying service in the United States Armed Forces and therefore cannot be considered a veteran for purposes of VA benefits. The claim for one-time payment from the Filipino Veterans Equity Compensation Fund is also denied.

The Board has remanded the case for further development, including obtaining treatment records from Dr. McQueen and the Durham VAMC.

The Veteran's right hilar calcified nodes, claimed as a lung condition, had its onset during active service and is considered service-connected. The Veteran's neuropathic osteoarthropathy of the right foot does not warrant an initial rating in excess of 10 percent.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred in June 2008 is granted, as the treatment was rendered during a medical emergency and VA facilities were not feasibly available.

The appellant's appeal is denied as he does not have the requisite wartime service to establish basic eligibility for VA pension benefits.

The Board found that the overpayment for the first 6-week period (August 10, 2010 - September 18, 2010) was properly created and valid. However, the overpayment for the second 6-week period (September 20, 2010 - October 31, 2010) was not properly created.

The Board has determined that M. J. is the Veteran's current spouse and may be included as his dependent.

The Veteran's request for an extension of his period of eligibility for Chapter 30 educational assistance benefits was granted to January 11, 2010. No further extensions are allowed.

The Veteran's claims for a higher rating for his low back disability and for TDIU are being remanded due to the need for additional development, including obtaining relevant records from SSA and VA.