Other conditions Board decisions

The Board denied the Veteran's claim for an earlier effective date than April 1, 2004 for dependency allowance for his child 'M.' The decision is based on lack of entitlement under the law.

The Veteran's claim for TDIU was denied in a June 1995 rating decision. The effective date of the grant of TDIU has been set at May 7, 2003, which is when the Veteran filed his new claim to reopen.

The Board found that there is no credible evidence linking the current knee disabilities to service, and thus denied the Veteran's claim for service connection.

The Veteran's combined rating for his service-connected conditions (regional ileitis and varicocele) is sufficient to meet the criteria for a TDIU, but he is not unemployable due to these disabilities alone.

The Board denied the Veteran's claim for an earlier effective date for adding his spouse as a dependent to his VA disability compensation, finding that the earliest date he was entitled to receive additional compensation for a dependent spouse was June 1, 2009.

The Board denied the appellant's claim for an earlier effective date for VA improved death pension benefits, finding that she did not file her claim within one year of her husband's death and thus was not eligible for benefits prior to April 28, 2009.

The Board has determined that the appellant is not eligible for VA home loan benefits due to his discharge under conditions other than honorable.

The appellant is not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for Dependency and Indemnity Compensation (DIC) benefits due to her remarriage after December 16, 2003.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund (FVEC) as she did not have qualifying service and her deceased husband died before the enactment of the legislation providing FVEC.

The Board has determined that additional development is necessary before the claims for service connection for chronic left and right hip strains can be adjudicated.

The Board has determined that the Veteran's current right knee disability, diagnosed as patellofemoral syndrome, patellofemoral chondromalacia, and chronic retropatellar pain syndrome, is related to his in-service fall and finds service connection warranted.

The Board finds the Veteran's August 2010 VA Form 9 substantive appeal was timely filed, as she did not receive the November 2009 statement of the case until July 2010.

The Board has decided to remand the case for further development and consideration of the validity of the debt, as well as the waiver claim. The Veteran's complete Vocational Rehabilitation/Education File must be associated with the virtual appellate record.

The case is being remanded for the consideration of whether there was clear and unmistakable error in a prior rating decision regarding the effective date of a total disability rating based on individual unemployability. The appellant's claim for DIC benefits under 38 U.S.C. § 1318 will be reconsidered.

The Veteran's appeal is being remanded for additional development, including obtaining records of any VR&E appointment scheduled in April 2012 and participation in other VA educational assistance programs.

The Veteran's claims for increased ratings for bilateral metatarsalgia of the feet and residuals of a healed fracture of the left hand were denied as his conditions did not meet the criteria for higher disability ratings under the applicable VA rating schedule.

The Veteran's unauthorized medical expenses incurred at St. Elizabeth Medical Center from September 28, 2010 to October 11, 2010 are granted as the evidence supports that he was in a continued medical emergency and no VA facility was feasibly available for transfer.

The Veteran's application for Chapter 30 education benefits was received after the expiration of his eligibility period, and he did not request an extension. The Board finds that he does not meet the criteria for any exceptions to the 10-year eligibility rule.

The Board has determined that the Veteran's claimed conditions, PAD of the bilateral upper and lower extremities and ED, are not service-connected.

The Board has determined that the Veteran's service connection claim for residuals of a back injury with associated left-sided numbness is granted, as there is sufficient evidence to support the conclusion that his current disability was incurred during military service.