Other conditions decisions — 2019

The Veteran's gastric ulcers with anemia are currently rated at 60 percent, the maximum rating available under Diagnostic Code 7304 for severe ulcer with pain that only partially relieved by standard ulcer therapy.,The Veteran is not unemployable due to his service-connected gastric ulcers with anemia as he has not lost more than one week of work in the last year and can perform light or sedentary employment.

The Veteran's foot pain condition was not considered an emergency, and VA facilities were feasibly available. The Board denied payment or reimbursement for the medical expenses incurred on June 9, 2014.

The Veteran's request for education benefits to cover the cost of State Bar of Arizona registration is denied because these fees do not qualify as a program of education or licensing tests eligible for Chapter 33 benefits.

The Veteran's daughter, C.P., is seeking recognition as a helpless child due to her mental and physical disabilities. The Board has ordered a remand for further examination to determine if C.P. became permanently incapable of self-support before reaching the age of 18.

The Veteran's educational assistance benefits under the MGIB for his OJT program with CBP were granted effective January 13, 2015. The Board denied a request for an earlier effective date.

The Board has reopened the claim for service connection for non-Hodgkin's lymphoma due to herbicide exposure, but denied the claim as there is no evidence of actual exposure during service.

The Veteran's claim for retroactive payment of Post 9/11 GI Bill (Chapter 33) education benefits for his on the job training program from June 2009 to June 2011 is denied as he is not eligible due to the program taking place prior to October 1, 2011 and because Chapter 33 benefits are not payable for on the job training programs.

The Veteran's service-connected polymyositis is currently rated at 20 percent, and the Board has decided to remand the case for further evaluation due to insufficient evidence of current severity.

The Board has granted the appellant's petition to reopen her claim for service connection for the cause of the Veteran’s death, finding that there is a reasonable possibility that his glioblastoma multiforme was caused by exposure to herbicide agents during active duty. The Board also found that the presumptive provisions of 38 U.S.C. § 1116 do not apply to her claim for service connection for the cause of the Veteran’s death, but a medical nexus between glioblastoma multiforme and Agent Orange exposure was established.

The Veteran's claim for a higher rating for his unspecified trauma-related disorder is being remanded due to insufficient evidence, including recent VA outpatient treatment records that were not considered in the previous decision. The case will be returned for further development and an updated psychiatric examination.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board found that the appellant's countable income exceeded the applicable maximum annual pension rates for the entire appeal period, thus denying her death pension benefits.

The Board has granted a special apportionment of 20 percent of the Veteran's VA disability compensation benefits to the appellant on behalf of A.W. due to financial hardship demonstrated by the appellant and lack of undue financial hardship for the Veteran.

The Veteran's claim for a compensable disability rating for neurofibromatosis is being remanded due to the need for an updated VA examination.

The Board denied service connection for a gastrointestinal disorder and an increased rating for the Veteran's right long finger disability. The claim for a rating in excess of 10 percent for post-concussive syndrome is remanded.

The Veteran's overpayment of Post-9/11 GI Bill educational assistance benefits is being remanded due to a discrepancy in the total amount of overpayment identified by the RO and the DMC. The VA needs to provide a clear accounting showing how the total overpayment was calculated.

The Board previously denied the Veteran's eligibility for Post-9/11 GI Bill educational assistance benefits due to an honorable discharge. The matter is being remanded again because VA did not comply with a previous directive to make a formal finding regarding the Veteran’s character of discharge.

The Veteran's initial ratings for calcaneal spurs of the left and right feet have been granted. The TDIU claim has been remanded due to a lack of consideration of the combined effects of her service-connected disabilities.

The Veteran's application for Post 9/11 GI Bill (Chapter 33) education benefits was denied because his single period of active service from January 2013 to April 2016 occurred after August 1, 2011, and he elected to use this service to establish eligibility under Chapter 30.

The Board denied the Veteran's claim that the overpayment of education benefits was not valid, finding that the preponderance of evidence indicated he should have been aware of receiving benefits to which he was not entitled.