Other conditions Board decisions

The Veteran seeks service connection for residuals of a left eye injury sustained during military service. The Board has determined that further examination and development are necessary to address the nature and etiology of his claimed condition.

The Veteran's service does not meet the basic eligibility requirements for VA nonservice-connected death pension benefits.

The Veteran's spinal stenosis is rated at 40 percent, the highest available rating. The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes lasting six weeks or more in the past year.

The Board found that the Veteran's election to receive educational assistance under Chapter 33 (Post-9/11 GI Bill) in lieu of benefits under Chapter 30 (Montgomery GI Bill) was irrevocable and denied his request for rescission.

The Board denied an earlier effective date for DIC benefits due to the appellant not submitting a claim until March 25, 2010.

The Veteran's service connection claims for chronic pancreatitis and a bleeding stomach ulcer were denied as there is no competent evidence or opinion suggesting a medical nexus between the disabilities and any period of her service.

The Board denied the appellant's claim for extension of her delimiting date for Chapter 30 educational benefits beyond January 28, 2010, as she did not have a physical or mental disability that prevented her from initiating or completing her chosen program of education within the applicable eligibility period.

The Board found that the Veteran does not have current residuals of his in-service left suprapatellar bursitis and therefore, denied a compensable disability rating for this condition.

The Board has determined that the Veteran does not have a current diagnosis of PTSD or any other acquired psychiatric disorder, including a psychosis. Therefore, service connection for an acquired psychiatric disorder to include PTSD is denied.

The Board denied the appellant's claim for an extension of her DEA benefits beyond June 11, 2011, as there is no basis to grant such a request under VA regulations.

The Board has determined that the termination of compensation benefits was improper and the resulting overpayment debt of $53,069.90 is invalid due to the Veteran not being a fugitive felon as defined by VA law.

The Veteran's request for a waiver of overpayment of educational benefits was denied because it was not filed within the 180-day time limit following notification of the overpayment.

The Veteran's service-connected postoperative residuals of hammertoe of the right foot are rated as 10 percent disabling, which is the maximum rating available under Diagnostic Code 5284. The Board finds that the criteria for a higher rating have not been met and grants a 10 percent rating.

The appellant's service in the Commonwealth Army of the Philippines and recognized guerrilla forces does not qualify them for nonservice-connected pension benefits as per VA regulations.

The Veteran's private medical expenses for emergency room services on October 31, 2011 at the Maine Medical Center are denied as he has coverage under a health-plan contract.

The Board has determined that the Veteran's service-connected loss of use of both feet, due to cold injury, did not contribute substantially or materially to his death. However, after considering all evidence and opinions provided, including those from VA medical experts and a specialist in neurology and psychiatry, it is at least as likely as not that the frostbite injury and the Veteran's eventual loss of use of both feet contributed to his death.

The Board has reopened the claim for basic eligibility for VA death benefits, but finds that the appellant is not entitled to such benefits as there is no credible evidence showing he was permanently incapable of self-support prior to age 18 due to polio.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of certification of her late husband's service as a recognized guerrilla in the Philippines during World War II.

The Board has determined that the Veteran's Ménir's disease first developed during his second period of active military service and grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claims of increased evaluation for left foot metatarsal bone fractures and entitlement to a total disability rating based on individual unemployability are pending.