Other conditions Board decisions

The Veteran's request for an extension of the delimiting date for his Chapter 30 MGIB benefits beyond October 21, 2010 was denied as he did not fall within any exceptions to the controlling legal criteria.

The Veteran did not meet eligibility criteria for DEA benefits as he was in receipt of a VA pension for nonservice-connected disabilities and the appellant is not eligible to receive educational assistance benefits under Chapter 35.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for refractive error of the eyes, as the Veteran's condition is considered a congenital defect rather than an injury or disease incurred in service.

The Veteran's service-connected cervical spine osteoarthritis is currently rated at 30 percent, but the Board finds that this rating does not adequately reflect the severity of his disability. The evidence shows limited motion without ankylosis.

The Board denied the veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service.

The Veteran's death occurred before the enactment of the American Recovery and Reinvestment Act, making him ineligible for a one-time payment from the FVEC Fund. The appellant is therefore denied.

The Veteran's request for reimbursement of unauthorized medical expenses at South Georgia Medical Center on February 11, 2011 is being remanded due to the need for a videoconference hearing.

The Board has determined that the Veteran made an irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill (MGIB) program. As such, the appeal is denied.

The Board denied the appellant's claim for retroactive payments of Chapter 35 educational benefits prior to September 13, 2009 due to lack of legal basis.

The Veteran's aortic stenosis did not meet the criteria for a higher evaluation prior to November 15, 2006 and from June 1, 2007.

The Board has remanded the case to address the applicability of a regulatory exception for an earlier effective date for special monthly death pension based on need for regular aid and attendance, as this is potentially applicable given the appellant's application for additional pension benefits.

The Board is remanding this claim to the RO for further proceedings and readjudication due to the need for additional development, including a VA examination.

The Board has dismissed the appeal due to the death of the appellant, as it does not have jurisdiction to adjudicate the merits of the claim.

The Board found that the Veteran did not have a skin disorder of the ears, face, and legs during service or for many years thereafter. The VA examiner concluded that the current skin cancers were more likely due to lifetime exposure to UV radiation over a period of many years, rather than specifically due to sun exposure in service.

The Board finds that the Veteran's left and right eye disabilities are not related to service or service-connected diabetes mellitus, thus denying his claims for direct and secondary service connection.

The Board finds that the Veteran's bilateral hip disorder was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred. The VA examiners opined that the current bilateral hip disorder is not related to his active duty service and is not caused or aggravated by a service-connected disorder.

The Veteran's appeal is remanded for additional development of his lung disability claims, including obtaining VA and private treatment records and arranging a respiratory examination.

The Veteran seeks service connection for a left eye disorder, which he asserts was caused by an infection during service. The Board finds the VA examination inadequate and remands the case to obtain an addendum opinion addressing whether his current left eye disorder is causally related to symptoms documented during service.

The Board has remanded the case due to inadequate VA medical examination and opinion regarding the etiology of right leg pain. The Veteran needs a new VA examination to determine if her current right leg pain is related to service or secondary to her service-connected lumbosacral spine disability.

The Board has ordered additional development due to the need for private treatment records from St. Joseph's Hospital in Texarkana, Arkansas, from 1993 through 1994.