Other conditions Board decisions

The case is being remanded for additional development, including obtaining Social Security Administration records. The claims will be adjudicated again after the development.

The Board has remanded the case for additional information and evidence from the appellant to support her claim for Parent's DIC benefits, as detailed below.

The Board has restored the Veteran's 60 percent rating for his service-connected fracture of the shaft of the right femur from June 1, 2008.

The Board has determined that the Veteran's current right hand strain is related to his military service, and thus service connection for a right hand disorder is granted. The heart murmur found during VA examination in October 2009 does not meet the criteria for service connection as it was not shown to be present during service or due to any service-connected condition.

The Veteran's separation pay of $67,252.68 is properly recouped from his VA disability compensation benefits.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's residuals of cholecystectomy were caused or aggravated by his service-connected diabetes mellitus type II, and thus grants the claim for service connection.

The Board found that the appellant does not meet the basic eligibility requirements for VA benefits due to lack of service as an individual or member of a group considered to have performed active military service.

The Veteran's claim for service connection for residuals of Valley Fever, claimed as a lung disorder is being remanded due to the need for additional medical examination and development.

The Veteran's claim for retroactive educational assistance for training completed in May 2002 is denied as he is not entitled to these benefits due to the rule barring duplication of educational assistance and the law limiting retroactive benefits.

The Veteran's appeal for more than 4 months of educational assistance benefits under the Post-9/11 GI Bill was denied as he has already received a maximum allowable aggregate of 48 months of benefits.

The Veteran seeks service connection for idiopathic cardiomyopathy, which was first documented on October 14, 2006. The appeal is remanded due to the need for verification of the nature of his service and a line of duty determination.

The Veteran's application for educational assistance under the Post-9/11 GI Bill is denied as he does not meet the service requirements for eligibility.

The Board of Veterans' Appeals has determined that the appellant is not entitled to recognition as the Veteran's surviving spouse for the purpose of receiving VA death pension benefits.

The Board has determined that the RO's decision denying the Veteran's claim for educational assistance benefits under Chapter 30 of Title 38 is incorrect and requires further review to determine if the Veteran meets eligibility requirements.

The Veteran's claim for MGIB education benefits was denied because the facility he completed his program at was not approved by the Arizona State Approving Agency (SAA).

The Veteran's treatment at UTMB was not covered by VA because a VA facility was available and offered to admit him, but he chose to be treated privately.

The Board has determined that the Veteran's condition had stabilized by November 23, 2009, and a VA facility was not feasibly available for transfer at that time. The appeal is denied as payment or reimbursement cannot be granted due to lack of feasibility.

The Veteran's claim for an increased disability rating for his service-connected GSW of the scrotum and gluteal region of the left buttock is denied as a matter of law due to failure to report for a necessary VA examination without good cause.

The Board denied the appellant's claim for benefits under Chapter 18 of title 38, United States Code, as a child born with birth defects because there is no evidence that the appellant has spina bifida or any other disability resulting from it. The appeal was not about service connection at all.

The Board has reopened the Veteran's claim for service connection for an eye disability and remanded it for further development, including a VA examination to determine the etiology of any current eye disabilities.