Other conditions decisions — 2015

The Veteran's left knee disability, characterized by chondromalacia patella and degenerative joint disease, is currently rated at 10 percent under Diagnostic Code 5260 for limitation of flexion. The Board has determined that the current evaluation adequately reflects the severity of his symptoms as of July 12, 2012.

The Veteran's National Guard service for the periods March 1, 2010, to June 24, 2010, and from July 17, 2010, to August 4, 2010, constitutes active duty under Chapter 33, Title 38, United States Code for the purpose of calculating his educational benefit. As a result, he is entitled to receive 70 percent of the benefits payable under the Post-9/11 GI Bill program.

The Board finds that the reduction of the appellant's death pension benefits for the period from February 1, 2008 to February 1, 2009 was not proper due to additional unreimbursed medical expenses offsetting her interest income.

The Board has remanded the case for further adjudication, including an updated VA examination and consideration of all available evidence. The Veteran's claim is being returned to the AOJ for this purpose.

The Veteran's service-connected right ring finger injury residuals have caused functional impairment due to pain, stiffness and swelling of the right ring finger resulting in limitation of motion with a gap of one inch or more between the fingertip and the proximal transverse crease of the palm with the finger flexed to the extent possible. The Board finds that these symptoms do not warrant an initial compensable rating.

The Veteran's claims for increased ratings and TDIU have been denied. The initial evaluations assigned were found to be appropriate.

The Veteran's appeal for service connection for pectoral region muscle strain and chest pain is being remanded due to an outstanding hearing request. The heart condition claim was previously adjudicated, but the Veteran requested a videoconference hearing before the Board.

The claim for accrued benefits is denied as the appellant, being over 23 years old and not a child of the Veteran, is not eligible to receive such benefits. The estate also does not qualify as an eligible claimant.

The Veteran's service-connected alopecia and corns and calluses of the left foot fifth toe have been rated as 'direct' under the rating schedule, resulting in an initial compensable rating for each condition.

The Board has determined that the Veteran's claims for increased evaluations for his left clavicular fracture and residuals of a stroke are not supported by the evidence, as there is no indication of ankylosis or dislocation/displacement of the affected joints. The current ratings adequately reflect the severity of these conditions.

The Veteran's appeal is being REMANDED for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess the severity of his service-connected erectile dysfunction, and reviewing all evidence associated with the record.

The Veteran withdrew their appeal for an initial compensable evaluation for the residuals of a fractured 5th metatarsal of the left foot.

The Veteran's claim for service connection for restless legs and arms is being remanded due to the need for a VA examination to determine if he has these conditions, their relationship to his psychiatric disorder, and whether they are related to his active duty service.

The Board has determined that the Veteran's current gastrointestinal disorders, including diverticulitis, are not related to his military service and therefore denied his claim for service connection.

The appellant is seeking accrued benefits for the reimbursement of expenses paid towards her mother's burial. The case has been remanded to clarify whether she paid any expenses and to determine if substitution as a claimant is appropriate.

The Veteran's appeal is being remanded due to his request for a Decision Review Officer (DRO) hearing. The case will be returned to the AOJ after the hearing.

The Veteran seeks an earlier effective date for a 40 percent evaluation of right lower extremity dysesthesia. The Board finds that the claim is not warranted as there was no increase in disability within one year prior to the receipt of the new claim on August 20, 2011.

The Board denied the appellant's claim for nonservice-connected VA pension benefits due to his income exceeding the maximum annual disability pension limit set by law.

The Veteran's application for VA educational assistance benefits under the Veterans Retraining Assistance Program (VRAP) is denied because her chosen program of education at La Roche College does not meet the eligibility requirements as a community college or technical school, despite meeting other eligibility criteria.

The Board has granted the Veteran's request for a waiver of recovery of Post-9/11 GI Bill (Chapter 33) benefits in the amount of $290.00, as it determined that collection would be against equity and good conscience.