Other conditions decisions — 2014

The Veteran's service-connected restless leg syndrome of the right and left lower extremities have been rated at 10 percent since June 23, 2011. Prior to this date, a noncompensable rating has been assigned for each extremity.

The Veteran's left hip/femur disability was initially rated as noncompensable, but a 10 percent rating has been assigned effective October 24, 2012.

The Board finds that the Veteran's bilateral lower extremity peripheral vascular disease is not related to his reserve component service and does not meet the criteria for a temporary total rating based on need for convalescence. Therefore, the claim for service connection is denied.

The Board has determined that the Veteran's service-connected bilateral pterygium, postoperative in right eye does not meet or approximate the criteria for a compensable evaluation under VA rating criteria.

The appellant's discharge under honorable conditions due to a pattern of misconduct does not meet the eligibility criteria for Post-9/11 GI Bill education benefits.

The Veteran's claim is being remanded to determine if his minor grandchild can be recognized as a dependent, which could affect the maximum annual pension rate.

The Board has decided to remand the Veteran's case for further development, including obtaining updated VA treatment records and attempting to locate positive medical opinions. The claim will be reconsidered after these steps are completed.

The Veteran's pension benefits were terminated due to his fugitive felon status, resulting in an overpayment. The VA found that the Veteran was primarily at fault for creating the debt and denied a waiver of recovery.

The Veteran's claim for service connection for colon cancer and its residuals, as well as his claim for dental disability secondary to colon cancer, were denied. The Board found that there was no evidence of a link between the Veteran's colon cancer and active duty service or chemical exposure at Camp Lejeune. Additionally, the Veteran does not have a compensable dental condition due to loss of substance in the maxilla or mandible.

The Board has determined that the Veteran applied for enrollment in the VA healthcare system prior to January 17, 2003 and is therefore eligible for priority group 8.

The Board has remanded the case for further development due to new evidence submitted by the appellant, and the claim of service connection for the cause of the Veteran's death remains denied.

The Board has remanded the case for additional development, including obtaining private treatment records and copies of the Veteran's death certificate. The appeal is being returned to the AOJ for further action.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a perforated posterior duodenal diverticulum, which he claims was caused by treatment provided by the VA. The Board has remanded the case due to an issue regarding Dr. Senzan Hsu's employment status.

The Veteran's claim for an increased rating for left lower leg venous insufficiency is denied as the evidence does not show persistent ulceration, which would warrant a higher evaluation.

The Board found that the overpayment of $8,427.70 was validly created due to a fraud scheme perpetuated by sixty Veterans enrolled at RMTU.

The Veteran's skin disorders were not shown to be related to his military service or herbicide exposure, and the Board denied his claim for service connection.

The Board has determined that the Appellant's periods of absence without official leave (AWOL) are not a bar to entitlement to VA compensation benefits due to compelling circumstances, including fear for his life from hazing by fellow service personnel.

The Board found that the Veteran does not have a current neurological or musculoskeletal right hand disability related to his service-connected right fifth finger disability.

The Board denied the appellant's claim for an extension of her delimiting date for educational assistance benefits, finding that she did not provide sufficient evidence to support a disability preventing her from using education benefits prior to February 8, 1991.

The Veteran's claim for an initial compensable disability rating for onychomycosis of the feet has been denied as his condition does not meet the criteria for a compensable rating under VA's skin disorders evaluation criteria.