Other conditions decisions — 2015

The Veteran's death was not caused by a service-connected condition, and the claim for service connection for cause of death is denied.

The case is REMANDED for the following action: Return the Veteran's claims file to the examiner who conducted the September 2011 examination so a supplemental opinion may be provided. If any development is incomplete, appropriate corrective action must be implemented.

The Veteran's left foot CRPS is characterized by severe symptoms including pain, swelling, discoloration, and difficulty bearing weight. The Board has determined that a 30 percent disability rating is warranted for this condition.

The Veteran's service was all during peacetime and does not qualify as wartime service for VA pension purposes.

The Board is requesting additional personnel records and an audit to determine if the Veteran was entitled to a housing allowance during periods of active duty, which could affect the validity of his overpayment claim.

The Veteran's election to receive Chapter 33 benefits in lieu of Chapter 30 benefits was irrevocable and the appeal for revocation is denied.

The Veteran's overpayment of VA compensation in the amount of $1,038.75 is denied as recovery would not be against equity and good conscience.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at the Munroe Regional Medical Center from March 20, 2013 to March 21, 2013 is denied as her claim was not filed within the required time frame.

The Veteran's claim for educational assistance benefits rate in excess of 40 percent under the post-9/11 GI Bill was denied as he did not meet the criteria for a percentage amount in excess of 40 percent based on length of qualifying service after September 10, 2001. His National Guard discharge due to physical disqualification does not satisfy the requirements for Chapter 33 benefits at the 100 percent rate based on a discharge due to service-connected disability.

The Veteran's claim for an initial compensable evaluation for bilateral corns and calluses of the feet is being remanded due to outstanding VA treatment records and a need for another adequate VA examination.

The Board has determined that the change of the Veteran's means test eligibility category from 'Means Test exempt' to 'Means Test copay required', and possible copay billing for VA healthcare and prescriptions received for income year 2011, was proper. The appeal is denied.

The Veteran's claim for payment or reimbursement of ambulance expenses incurred on May 19, 2013 is being remanded due to incomplete documentation and the need for further clarification regarding eligibility criteria.

The Board denied the appellant's claim for education benefits under Chapter 1606 of Title 10, United States Code (also known as the Montgomery GI Bill Selected Reserves (MGIB-SR)) because his eligibility expired on May 31, 1993 upon separation from the Navy Reserve. The Board found that VA is bound by DOD's determination regarding the appellant's eligibility.

The Board has remanded the case due to the appellant's request for a Travel Board hearing, and the claim is pending further action.

The Veteran's appeal is being remanded for further development, including obtaining VA and SSA records.

The Veteran's service-connected bilateral foot disabilities have been rated at 10 percent since the initial rating decision. The Board has determined that a higher disability rating of 20 percent is warranted for both right and left calcaneal spur residuals as of August 7, 2013.

The Veteran's left hip arthroplasty residuals have resulted in moderately severe symptoms of weakness, pain, and limited motion since October 1, 2008. The Board has determined that a 50 percent rating is warranted for this period.

The Board has determined that the Veteran does not have a current skin disability and therefore, service connection for a skin disorder is denied.

The Veteran seeks service connection for scleroderma, claiming it was caused by exposure to contaminated water at Camp Lejeune. The Board has ordered a new VA examination and requested additional medical records.

The Board finds that the Veteran has a current disability manifested by shortness of breath and restrictive impairment, but concludes that this condition is not related to his in-service exposure to asbestos.