Other conditions Board decisions

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. Therefore, she does not meet the criteria for basic eligibility for VA benefits.

The Board found that the appellant was not legally married to the Veteran at the time of his death and therefore is not considered a surviving spouse for VA purposes.

The Board denied the appellant's claim as she elected a starting date of June 4, 2010 for her Chapter 35 education benefits and cannot be reimbursed for those eight months of education costs.

The Board has determined that a remand is necessary to obtain additional medical records, conduct an examination, and ensure all due process considerations are met. The Veteran's claim for service connection for bilateral fallen arches will be reconsidered after the completion of these actions.

The appellant is not entitled to transfer of more than 12 months of the Service Member's educational benefits under Chapter 33 (Post-9/11 GI Bill) and is denied reimbursement for payment of educational assistance benefits for courses taken from January 19, 2011 to May 12, 2011. However, he is entitled to reimbursement for the period from June 8, 2010 to July 6, 2010 and the overpayment of $60.70 in education benefits payments was improper.

The Veteran's claim for waiver of recovery of a pension overpayment was denied because he did not file the request within 180 days following notification of indebtedness, despite the fact that the March 29, 1999, letter is missing from his claims file.

The Veteran's application for a transfer of education benefits under the Post-9/11 GI Bill to his wife was denied as he has not been approved by his military department to transfer entitlement, and no document signed by him designating her as a transferee of such benefits was submitted prior to his discharge from service.

The Veteran's appeal has been dismissed due to their death.

The Veteran's claim for a higher rating for his service-connected adjustment disorder with mixed emotions is being remanded due to the need for additional development, including obtaining updated medical records and scheduling him for a VA examination.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied as he does not have any service-connected disabilities.

The Board finds the Veteran is legally ineligible for educational assistance benefits under Chapter 33, Title 38 of the United States Code (Post-9/11 GI Bill) due to a lack of active duty service.

The Board denied the Veteran's claim for retroactive termination of educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) effective May 19, 2011, finding that she was not entitled to benefits beyond her completion date.

The appellant's service does not qualify him for nonservice-connected disability pension benefits.

The Veteran's right fifth metacarpal fracture is currently manifested by complaints of pain and some limitation of motion. The Board finds that the disability does not warrant a compensable rating as there is no evidence of ankylosis or amputation.

The Board has determined that the Veteran does not have a currently diagnosed laceration of the knuckle of the right hand or residuals thereof, and his sinusitis is not related to service. The preexisting bilateral pes cavus did not undergo an increase in severity during active service, and there is no indication that the left eye convergence disorder underwent an increase in severity during service.

The Veteran's squamous cell carcinoma of the oropharynx, which required a partial palatectomy, is found to be at least as likely as not related to his presumed exposure to Agent Orange during service.

The Board has determined that the Veteran's epididymitis is related to his active duty service and grants service connection for this condition.

The Veteran's appeal has been withdrawn, and the Board dismisses the case.

The Board has remanded the Veteran's claims for additional evidentiary development, including a VA examination to determine if he has current skin conditions related to service and whether these conditions are at least as likely as not caused by his military service.

The Board has granted a 10 percent disability rating for the service-connected L-1 compression fracture, effective December 29, 2004. The Veteran's pain and functional impairment have been considered in determining this rating.