Other conditions decisions — 2014

The Board has determined that service connection for hyperkeratosis of the right foot and left foot is granted as secondary to service-connected bilateral ankle disabilities.

The Veteran's atherosclerotic vascular disease is related to his in-service high cholesterol, and the Board grants service connection for this condition.

The Veteran's claim for service connection for a skin disorder including leishmaniasis, to include as due to undiagnosed illness, was granted. The decision is based on reopening of the claim with new evidence.

The Veteran's claim for service connection for basal cell carcinomas, claimed as melanoma, is being remanded due to the need for additional development including a VA examination and review of relevant medical records.

The Veteran's skin disability is being remanded for additional development to confirm the current nature of his condition and determine its relationship to in-service herbicide exposure or sun exposure.

The Board has determined that the VA Regional Office (RO) did not properly notify the Veteran and appellant of their contested claim for apportionment, and thus remands the case to ensure proper procedures are followed.

The Veteran's appeal is remanded to obtain a new VA examination and update the claims file with any outstanding treatment records. The case will be reviewed by the RO after all development has been completed.

The Veteran's foot cold injury residuals are as likely as not incurred in service and the Board grants entitlement to service connection.

The Board finds that the Veteran's current periodontal disease is not service-connected as compensation for this condition is not authorized under VA regulations.

The Board has decided to remand the case for a new examination and additional development of records, as the current etiology opinion is inadequate.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. Therefore, she does not meet the criteria for basic eligibility for VA benefits.

The Board found that the appellant was not legally married to the Veteran at the time of his death and therefore is not considered a surviving spouse for VA purposes.

The Board denied the appellant's claim as she elected a starting date of June 4, 2010 for her Chapter 35 education benefits and cannot be reimbursed for those eight months of education costs.

The Board has determined that a remand is necessary to obtain additional medical records, conduct an examination, and ensure all due process considerations are met. The Veteran's claim for service connection for bilateral fallen arches will be reconsidered after the completion of these actions.

The appellant is not entitled to transfer of more than 12 months of the Service Member's educational benefits under Chapter 33 (Post-9/11 GI Bill) and is denied reimbursement for payment of educational assistance benefits for courses taken from January 19, 2011 to May 12, 2011. However, he is entitled to reimbursement for the period from June 8, 2010 to July 6, 2010 and the overpayment of $60.70 in education benefits payments was improper.

The Veteran's claim for waiver of recovery of a pension overpayment was denied because he did not file the request within 180 days following notification of indebtedness, despite the fact that the March 29, 1999, letter is missing from his claims file.

The Veteran's application for a transfer of education benefits under the Post-9/11 GI Bill to his wife was denied as he has not been approved by his military department to transfer entitlement, and no document signed by him designating her as a transferee of such benefits was submitted prior to his discharge from service.

The Veteran's appeal has been dismissed due to their death.

The Veteran's claim for a higher rating for his service-connected adjustment disorder with mixed emotions is being remanded due to the need for additional development, including obtaining updated medical records and scheduling him for a VA examination.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied as he does not have any service-connected disabilities.