Other conditions decisions — 2014

The Board has reopened the Veteran's claim for service connection for cardiovascular disease and finds that new evidence received since the last final denial raises a reasonable possibility of substantiating the claim. The Veteran served in Vietnam during his time on board the U.S.S. Buckley, which is considered to have been present within the boundaries of the Republic of Vietnam.

The Veteran's claim for compensation benefits for service-connected pulmonary disorder from April 22, 1977, to November 30, 2010 was denied as the RO properly notified him of his option to draw VA compensation for his service-connected bronchial asthma in April 1977.

The Board has decided to remand the case for further development, including obtaining medical records from the Veteran's private physician. The appeal will be reconsidered after this additional information is obtained.

The Board has determined that the Veteran's claims for service connection for left and right thigh disabilities have been denied as there is no credible evidence to support a finding of in-service injury or chronic disability.

The Board determined that the Veteran is competent to handle his own financial affairs and does not require a fiduciary, based on clear and convincing medical evidence showing he has the mental capacity to manage his funds.

The Veteran did not serve during a period of war, thus the appellant does not meet the basic eligibility requirements for death pension benefits.

The Board has ordered the VA to obtain necessary documentation from Mountain States Line Constructors regarding the Veteran's apprenticeship, and then to adjudicate whether an overpayment of VA educational assistance benefits was properly created.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Capital Regional Medical Center is being remanded due to the need for further consideration under applicable VA regulations and statutes.

The Veteran's claim for an increased rating for prostatitis was denied as there is no evidence of voiding dysfunction caused by service-connected prostatitis.

The Board finds that the overpayment of Post-9/11 GI Bill (Chapter 33) education benefits in the amount of $1,484.44 was not validly created and grants the Veteran's request for waiver of recovery.

The Board denied the Veteran's request to revoke his education benefits election effective June 1, 2011, under Chapter 33 of Title 38, United States Code. The decision states that the law is dispositive and cannot grant benefits based on equity.

The Board has determined that the effective dates for TDIU and DEA benefits need to be remanded due to incomplete information regarding the Veteran's employment history.

The Veteran's service-connected residuals of amputation of the left and right fifth toes are rated at 10 percent each, effective from March 12, 2009. The appeal is denied as there is no evidence to support a higher rating.

The case is being remanded for additional development, including obtaining treatment records from Metro Hospital and the VA clinic in Grand Rapids.

The Veteran's skin condition, including lentigo maligna, squamous cell carcinoma, seborrheic keratoses and actinic keratoses, is related to active duty service in the Republic of Vietnam. However, there is no evidence that his seizure disorder had its onset during service or within one year after service, and it may not be presumed to have been incurred therein.

The Veteran's appeal is being remanded due to the receipt of additional pertinent evidence. The case will be readjudicated, and a supplemental statement of the case will be provided.

The Board has remanded the claim due to an outstanding hearing request. The appellant's requested Travel Board hearing at the RO is scheduled as soon as possible.

The Board denied the Veteran's claims for an effective date earlier than February 8, 2012 for the grant of non-service connected pension and SMP based on aid and attendance due to a lack of legal merit.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection for colon cancer and anemia.

The Veteran's Sjogren's syndrome, which causes dry, itchy, painful eyes that are sensitive to light, is rated at 20 percent disabling.