Other conditions decisions — 2015

The Board has remanded the case for further action, including scheduling a Travel Board hearing.

The Board has remanded the case for further action, including scheduling a Travel Board hearing.

The Board has remanded the case for a Travel Board hearing due to the appellant's request. The appeal is not about service connection and thus does not specify conditions, exposure basis, or service connection theory.

The Board denied the Veteran's eligibility for education program 'kicker' payments from Chapter 1606 as payable under Chapter 33, stating that he did not make an irrevocable election to relinquish eligibility under Chapter 1606 for Post-9/11 GI Bill educational assistance.

The appeal is being remanded due to the appellant's request for a Board hearing via videoconference. The case will be returned to the Board after scheduling and conducting the requested hearing.

The Board has remanded the case for a Travel Board hearing due to the appellant's request. The appeal is not about service connection and thus does not specify conditions or exposure basis.

The Board has remanded the case due to a lack of VA physician's report in the claims file, and the Veteran is required to provide a copy of this report. The appeal will be further considered after the submission of the requested information.

The Board finds that the Veteran's right hip arthritis is not related to his in-service shell fragment wounds and denies service connection for this condition.

The Board found that there is no evidence to support the Veteran's claim of service connection for arthritis of the hands, as his current condition was not caused or aggravated by any in-service injury. The preponderance of the evidence does not establish continuity of symptoms since service and osteoarthritis was not diagnosed until years after separation.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected back disability.

The Board has remanded the case to determine if an extraschedular rating is warranted for the Veteran's right hydrocele and loss of left testicle disability, as his reported pain does not align with the criteria in the applicable rating code.

The Veteran's motion alleging CUE in the September 2011 Board decision was dismissed due to the finality of that decision as affirmed by the Court and dismissed by the Federal Circuit.

The Veteran's right quadriceps tethering as a residual of a right distal femur fracture is rated at 40 percent, which is the maximum rating available under Diagnostic Code 5314.,The Veteran has been granted separate ratings for moderate disability of Muscle Group XIII and moderate disability of Muscle Group XI with right calf atrophy as residuals of his right distal femur fracture.

The Veteran is entitled to receive Post-9/11 GI Bill education benefits at the 80 percent level, as he had at least 24, but less than 30, months of active duty service. He began graduate business courses in September 2011 and received maximum benefit for his program of study up to 80 percent of the maximum amount allowable for each particular academic year.

The Board found that the termination of the appellant's apportionment, effective May 1, 2004, was proper due to her divorce from the Veteran as of April [redacted], 2004. The appellant was not entitled to an apportionment of the Veteran's VA benefits as of May 1, 2004.

The Veteran's claim for SMC based on loss of use of the right eye is denied as there was no prior formal or informal claim for SMC before March 8, 2005. The effective date is set at the date entitlement arose, which is December 13, 2007.

The appellant has withdrawn her appeals regarding service connection for the cause of the Veteran's death and entitlement to DIC benefits pursuant to 38 U.S.C.A. § 1318, thus these issues are dismissed.

The Board denied service connection for breathing difficulty and pulmonary disability due to lack of evidence linking these conditions to service. The Veteran's current symptoms are attributed to a broken nose, which is already service-connected.

The Veteran's pterygium of the right eye is asymptomatic and does not meet the criteria for a compensable rating.

The Board has determined that there is no current evidence of a neurological disorder, respiratory disorder, or left foot injury. The Veteran's claims for these conditions are therefore denied.