Other conditions Board decisions

The Board denied the Veteran's request for a waiver of recovery of an advanced payment of $3,000.00 for educational assistance due to lack of undue hardship and failure to complete the program of education.

The appellant's deceased spouse did not have the required service to be awarded benefits from the FVEC Fund, and hence the claim is denied.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Flagler Hospital from August 2, 2010 to August 6, 2010 is granted as all conditions and factors outlined in the applicable regulations have been met.

The Board has decided to remand the case for further development, including obtaining VA treatment records and arranging a VA examination for the Veteran's right leg varicose veins.

The case is being remanded to obtain additional medical records and for further development. The appellant's claim of entitlement to a finding of permanent incapacity for self-support will be reconsidered after the requested information is obtained.

The Board has granted an effective date of August 1, 2009 for the Veteran's election to receive educational benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill.

The Board denied service connection for the appellant's claimed disabilities, including neurocognitive disorder and diminished uptake in the left frontoparietal cortical area. The claim was not reopened due to lack of new and material evidence.

The Veteran died due to sudden cardiac arrest, and there is no evidence linking this cause of death to service or any event during service. The claim for service connection for the cause of death is denied.

The Board has restored the Veteran's left lower extremity varicose veins disability rating from 60 percent to 60 percent effective December 10, 2010. The evidence showed worsening of symptoms and decreased functioning under ordinary circumstances.

The Board has determined that there is no current left thumb disability and thus, the Veteran's claim for service connection for residuals of a left thumb fracture cannot be granted.

The Veteran's non-Hodgkin's lymphoma was not shown to be related to his service, including exposure to herbicides or other chemicals. The claim was granted as new and material evidence had been submitted.

The Board found that the Veteran's claimed residuals of head trauma were not incurred in or aggravated by service and denied his claim.

The Veteran's appeal has been dismissed as the appellant requested withdrawal of the appeal.

The Veteran's claim for an increased rating for traumatic spondylolysis with secondary spondylolisthesis is being remanded due to the need to obtain additional medical evidence and ensure that the claims file contains all relevant documents.

The Board has determined that further development is necessary regarding the appellant's claim for educational assistance under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill). The AOJ must contact DoD to clarify whether the Veteran's service from March 2005 to September 2005 and October 2005 to February 2006 qualifies for Post-9/11 GI Bill benefits.

The Veteran's periodic accelerated heart rate has been determined to be a sign or symptom of an undiagnosed illness, and service connection is granted.

The Veteran's appeal was denied as his claim for an increased rating for multiple symptomatic peripheral joints and chest wall pain was not granted. The Board found that the evidence did not meet the criteria for a compensable evaluation based on hearing loss of the right ear.

The Board has dismissed the appellant's claim for a one-time payment from the FVEC Fund as it is final and binding.

The Veteran's residuals from a radical retropubic prostatectomy caused voiding dysfunction and incontinence, requiring the wearing of absorbent materials that had to be changed more than four times per day. A 40 percent rating is granted for this period.

The case is being remanded to allow the appellant to present testimony at a videoconference hearing before the Board due to her inability to attend the previously scheduled hearing.