Other conditions decisions — 2014

The Board found that the Veteran's post-operative residuals of right thigh neuroma do not result in moderately severe incomplete paralysis, and thus a rating in excess of 20 percent is not warranted.

The Board has determined that the Veteran's current heart conditions, including valvular heart disease, congestive heart failure, enlarged left ventricle, aortic valve failure, first, second, and third degree blocks, chronic atrial fibrillation, pacemakers, and replaced aortic valve with bioprosthesis are related to his service.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 29, 2010 was denied. The case is REMANDED for further action.

The Veteran's appeal to reopen his claim for service connection for a right arm disability has been withdrawn, resulting in the dismissal of the appeal.

The Veteran's claim for service connection for a hernia is being remanded due to the need to obtain additional National Guard and VA treatment records.

The Board has remanded the case due to insufficient information regarding the surviving spouse's income and expenses. The appellant is required to provide this information for each year during the pendency of the appeal.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has determined that the claims file is not complete for appellate review and has ordered additional development, including obtaining relevant treatment records from Drs. S.M.F., L.A.T.P., and SSA records.

The Veteran's income exceeded the maximum annual pension rate for permanent and total disability as of March 10, 2010. Therefore, he is not eligible for nonservice-connected disability pension benefits.

The Veteran withdrew his appeal regarding the issue of entitlement to an initial evaluation in excess of 10 percent for a disability of the left middle finger.

The case is being remanded to the RO for further development and consideration of the claim regarding the transfer of education benefits under the Post-9/11 GI Bill. The effective date of the transfer remains unclear due to incomplete documentation.

The Veteran's claim for Chapter 33 educational assistance is denied as he does not meet the service requirement for basic eligibility.

The Board has determined that the appellant's income exceeds the maximum annual limit for nonservice-connected death pension benefits, but her assisted living expenses should be considered as medical expenses to reduce her income. The claim is remanded for further development including an updated VA aid and attendance examination.

The Veteran's request for an extension of her education benefits under the Montgomery GI Bill beyond June 20, 2008 was denied because she did not file a timely request within one year after the original delimiting date or after recuperating from a disability.

The case is being remanded for further development, including adjudication of the issue of the validity and amount of the debt created. A hearing will also be scheduled.

The Veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) was denied as he did not meet the requirement of an honorable discharge from service.

The Board denied the appellant's appeal of the cancellation of his accreditation to represent claimants before VA, finding clear and convincing evidence that he accepted unlawful compensation for preparing, presenting, and prosecuting claims. The Court affirmed this decision.

The Veteran's colon cancer was not incurred in or aggravated by military service and may not be presumed to have been incurred in service due to herbicide exposure.

The Veteran's actinic keratoses and basal cell carcinomas of the skin are due to sun exposure during service, and the Board has granted service connection for these conditions.

The Board is unable to determine the basis for the denial of educational benefits under Post 9/11 Chapter 33 due to incomplete service records. The case is REMANDED to obtain the appellant's service personnel records and make a determination regarding his periods of service.