Other conditions Board decisions

The Board denied the Veteran's request to revoke his education benefits election effective June 1, 2011, under Chapter 33 of Title 38, United States Code. The decision states that the law is dispositive and cannot grant benefits based on equity.

The Board has determined that the effective dates for TDIU and DEA benefits need to be remanded due to incomplete information regarding the Veteran's employment history.

The Veteran's service-connected residuals of amputation of the left and right fifth toes are rated at 10 percent each, effective from March 12, 2009. The appeal is denied as there is no evidence to support a higher rating.

The case is being remanded for additional development, including obtaining treatment records from Metro Hospital and the VA clinic in Grand Rapids.

The Veteran's skin condition, including lentigo maligna, squamous cell carcinoma, seborrheic keratoses and actinic keratoses, is related to active duty service in the Republic of Vietnam. However, there is no evidence that his seizure disorder had its onset during service or within one year after service, and it may not be presumed to have been incurred therein.

The Veteran's appeal is being remanded due to the receipt of additional pertinent evidence. The case will be readjudicated, and a supplemental statement of the case will be provided.

The Board has remanded the claim due to an outstanding hearing request. The appellant's requested Travel Board hearing at the RO is scheduled as soon as possible.

The Board denied the Veteran's claims for an effective date earlier than February 8, 2012 for the grant of non-service connected pension and SMP based on aid and attendance due to a lack of legal merit.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for service connection for colon cancer and anemia.

The Veteran's Sjogren's syndrome, which causes dry, itchy, painful eyes that are sensitive to light, is rated at 20 percent disabling.

The Board has remanded the case for additional development, including verification of service periods and a supplemental opinion regarding the etiology of the Veteran's blood disorder.

The Board has remanded the case for further development, including obtaining additional medical opinions and records. The Veteran's claim will be readjudicated based on the new evidence.

The Board has remanded the case for additional development due to inadequate medical opinions regarding the atrophy of footpads.

The Veteran's right hip strain is currently rated at 10 percent, and the evidence does not support a higher rating based on current functional impairment.

The case is being remanded to verify whether the appellant's daughter, A.H., is a biological child of the deceased Veteran and to determine if the appellant or the claimed child has income in excess of the legal requirements for VA nonservice-connected death pension benefits.

The Board found that the Veteran's bilateral lower extremity venous insufficiency with stasis is not related to his service or a service-connected disability, and denied both claims for service connection. The rating for the service-connected residual second degree burn scarring of the right upper and right lower extremities was also denied.

The Board has remanded the case for further development due to inadequate examination and opinion regarding the etiology of any current left elbow disorder, including whether it is related to service or secondary to a service-connected condition.

The Board found that the Veteran's fatigue is not due to an undiagnosed illness or medically unexplained chronic multisymptom illness related to his Persian Gulf service. The Veteran's sleep disturbances are manifestations of other known diagnoses, including his service-connected anxiety disorder.

The Veteran's peptic ulcer disease, hiatal hernia with gastroesphageal reflux and esophagitis (ulcer/hiatal hernia disorder) has been rated at 30 percent since May 18, 2006. The current appeal is about the severity of his disability under the rating criteria for peptic ulcer disease.

The Board has determined that additional development is required to determine if the Veteran's pulmonary fibrosis was related to his military service, specifically his claimed exposure to asbestos. The case is being remanded for a VA examination and opinion.