Other conditions decisions — 2014

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a rating in excess of 10 percent for his degenerative joint disease of the right elbow.

The Board has decided to remand the case for further development and consideration, including obtaining additional medical records and a VA opinion on whether the appellant was insane at the time of his discharge.

The Board has determined that the Veteran does not have a currently diagnosed left toe, left leg, or left foot drop condition. The preponderance of evidence is against his claims for service connection.

The Veteran's additional disability of Dupuytren's Contracture is not deemed to be a result of VA carelessness, negligence, or lack of proper skill. The Board finds that the preponderance of evidence does not support an award of compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for higher ratings for his right eye retinal detachment and associated cataracts was denied. He is currently rated at 40 percent since May 3, 2011.

The Veteran's chronic lymphocytic leukemia is presumed to have been incurred as a result of herbicide exposure during service at RTAFB Ubon in Thailand.

The Board denied the appellant's claim for non-service connected pension benefits as he did not meet the legal requirements for basic eligibility due to insufficient service during a period of war.

The Board found that the overpayment of VA death pension benefits in the amount of $3,305 was properly created and is a valid debt due to the appellant's continued acceptance of payments after being notified of her excessive income. The appeal for waiver of recovery of this debt has been referred.

The Board denied the claim for Dependency and Indemnity Compensation under 38 U.S.C. § 1151 because the decedent did not meet the definition of a 'veteran' for VA purposes, thus making it impossible to establish entitlement.

The Veteran is seeking compensation under the 38 U.S.C. § 1151 for post-colonoscopy ileostomy and mucus fistula from a bowel perforation that occurred at a VA facility in February 2010. The case has been remanded due to scheduling issues.

The Veteran seeks service connection for residuals of a left eye injury sustained during military service. The Board has determined that further examination and development are necessary to address the nature and etiology of his claimed condition.

The Veteran's service does not meet the basic eligibility requirements for VA nonservice-connected death pension benefits.

The Veteran's spinal stenosis is rated at 40 percent, the highest available rating. The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes lasting six weeks or more in the past year.

The Board found that the Veteran's election to receive educational assistance under Chapter 33 (Post-9/11 GI Bill) in lieu of benefits under Chapter 30 (Montgomery GI Bill) was irrevocable and denied his request for rescission.

The Board denied an earlier effective date for DIC benefits due to the appellant not submitting a claim until March 25, 2010.

The Veteran's service connection claims for chronic pancreatitis and a bleeding stomach ulcer were denied as there is no competent evidence or opinion suggesting a medical nexus between the disabilities and any period of her service.

The Board denied the appellant's claim for extension of her delimiting date for Chapter 30 educational benefits beyond January 28, 2010, as she did not have a physical or mental disability that prevented her from initiating or completing her chosen program of education within the applicable eligibility period.

The Board found that the Veteran does not have current residuals of his in-service left suprapatellar bursitis and therefore, denied a compensable disability rating for this condition.

The Board has determined that the Veteran does not have a current diagnosis of PTSD or any other acquired psychiatric disorder, including a psychosis. Therefore, service connection for an acquired psychiatric disorder to include PTSD is denied.

The Board denied the appellant's claim for an extension of her DEA benefits beyond June 11, 2011, as there is no basis to grant such a request under VA regulations.