Other conditions decisions — 2019

The Veteran's service connection claim for residuals of left hand injury is granted as the evidence supports a finding that his current disability is related to an in-service injury.

The Veteran's claim for basic eligibility for educational assistance benefits under the Post-9/11 GI Bill was denied because she did not complete her four-year ROTC service obligation and therefore, does not meet the requirements for Post-9/11 GI Bill education benefits.

The Board has decided to remand the case for further medical examination and opinion regarding the Veteran's lower back/spine disorder, as well as its relationship to service-connected residuals of a pelvic fracture.

The Veteran's surviving spouse is granted payment of nonservice-connected death pension benefits at the rate for a surviving spouse with no dependents and with the need for aid and attendance due to her legal blindness.

The Veteran's right foot bunionectomy residuals are currently rated at 10 percent, the maximum schedular rating available under Diagnostic Code 5284 for moderate impairment of the foot. The appeal is denied as her symptoms do not warrant a higher evaluation.

The Board has denied the Veteran's claims for initial compensable ratings for hammer toes of both feet, finding that the evidence does not support a rating under Diagnostic Code 5282.

The Veteran's income exceeded the maximum annual pension rate, thus denying entitlement to nonservice-connected pension benefits.

The Veteran requested an apportionment of his VA benefits to the appellant in the amount of $775 per month. The Board granted this request based on the Veteran's wishes and the need to fulfill child support arrears.

The Board has determined that the claim for service connection for the cause of the Veteran’s death should be remanded to obtain an opinion regarding whether his acquired psychiatric disorder (likely PTSD) was related to service, if it caused or aggravated his heart condition and alcohol abuse, and if it is related to service.

The Board denied the appellant's request for retroactive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because his application was received more than a year after the initial rating decision granting eligibility for DEA benefits. The earliest he would be entitled to Chapter 35 education benefits is September 1, 2014.

The Veteran's hypogonadism with erectile dysfunction is granted as service connected. The claims for pes planus, left shoulder disability, left hip disability, and low back disability are remanded.

The Veteran's claim for reimbursement of education expenses due to an erroneous certificate of eligibility for the Post-9/11 GI Bill is denied because he does not qualify for the benefits and there is no provision in the law and regulations for reimbursement of ineligible educational expenses.

The Board has determined that the Veteran had a chronic condition of the left hip in service, which persisted after service and is related to his current disability. Therefore, the claim for service connection for left hip disorder is granted.

The Veteran's varicose veins of the left and right legs are currently rated at 10% each, but the Board finds that there is no evidence to support a higher rating based on current symptoms.

The Veteran's claim for educational benefits after February 14, 2012 is remanded as the evidence pertaining to his education benefits was not located in the electronic files. The Veteran needs to provide any supporting documentation and argument favorable to his claim.

The appeal was dismissed due to the death of the appellant.

The appellant is not recognized as the Veteran's surviving child for purposes of receiving DIC, death pension, and accrued benefits due to his age at the time he filed the claim.

The Veteran's left breast mass is granted service connection, and the claim for a compensable initial rating for COPD with chronic bronchitis and recurrent pneumonia is remanded.

The Board found that the Veteran's income did not exceed the maximum annual pension rate (MAPR) for a veteran with no dependents, and granted the claim for nonservice-connected pension benefits.

The Veteran's appeal for educational assistance benefits under Chapter 30 (Montgomery GI Bill) is denied as he does not meet the legal requirements for eligibility.