Other conditions Board decisions

The Board has determined that the Veteran's urethral stricture resulted in additional disability, specifically penile stricture and potential worsening of voiding symptoms, which was proximately caused by an event not reasonably foreseeable during VA medical treatment. As a result, compensation under 38 U.S.C.A. § 1151 is granted.

The appellant is not eligible for DEA benefits under 38 U.S.C. Chapter 35 because she reached her 26th birthday before the effective date of a finding of permanent and total disability on behalf of the Veteran.

The Board found that the recoupment of the Veteran's severance pay by withholding VA disability compensation benefits was proper based on applicable regulations and laws.

The Board found that the Veteran's degenerative joint disease with Grade II spondylolisthesis L5-S1 did not meet the criteria for a disability rating in excess of 20 percent, as it was productive of forward flexion ranging from 50 to 80 degrees and did not result in ankylosis or incapacitating episodes.

The Board has remanded the case due to questions regarding the appellant's status as the Veteran's 'surviving spouse' for purposes of her claim for service connection for the cause of the Veteran's death. The issue of her eligibility as a surviving spouse must be adjudicated prior to any final decision on the service connection claim.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses because it was not submitted within 90 days after discharge from Manatee Memorial Hospital, and thus did not meet the filing requirement.

The Board has remanded the case due to procedural issues and will be scheduled for a Travel Board hearing. The Veteran's claims of service connection for frost bite residuals and PTSD are still pending.

The Veteran's claim for VA educational assistance under Chapter 30 is being remanded due to the need for clarification and further explanation from the RO regarding his eligibility based on remaining entitlement under Chapter 34.

The Appellant's military service did not meet the threshold service eligibility requirements for VA improved pension benefits as it was not during a period of war.

The Veteran's claim for more than three months of eligibility for Post 9/11 GI Bill VA education benefits is denied as the law does not allow for payment of more than 48 months total of VA education benefits.

The Veteran's claim for Post 9/11 GI Bill education benefits was denied as he did not have qualifying active duty service after September 11, 2001.

The Board found that the Veteran's 2000 VA medical treatment did result in additional permanent colon disability, but could not determine if there was fault on the part of VA providers.

The Board found that the appellant did not make an irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program, and denied reimbursement for the Study Abroad Program in Mexico.

The Veteran's claim for service connection for malaria was denied as there is no confirmed diagnosis of malaria in service and the separation examination did not show any findings related to malaria.

The Board has determined that additional development is needed before the claim for service connection for a skin disorder can be adjudicated. This includes obtaining outstanding treatment records and scheduling the Veteran for a VA compensation examination to determine whether his current skin disorder is related to service.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill is denied as he does not meet the eligibility criteria due to his service not meeting the minimum required period of active duty.

The Board found that the Veteran's recurrent herpes simplex type II did not have its onset during active military service and is not otherwise related to service.

The Veteran's appeal is being remanded for further development, including additional VA examinations and consideration of his TDIU claim. The issues include increased ratings for cold injury residuals of the upper and lower extremities.

The Veteran's bilateral pes cavus disability, characterized by pain and calluses on the feet, was rated at 10 percent prior to January 29, 2007. From that date, it has been rated at 30 percent due to marked tenderness under metatarsal heads.

The Veteran's cervicothoracic spine disability is currently rated at 10 percent, but the evidence does not support a higher evaluation.