Other conditions Board decisions

The Board has granted a 80 percent rating for the Veteran's left lower extremity disability, effective December 8, 2009. The condition is rated as an amputation of the upper third of the thigh under Diagnostic Code 5161.

The Veteran's claim for additional education benefits (i.e., kicker) in excess of $738.89 per month for the Army College Fund was denied as there is no legal basis for entitlement to a greater amount under controlling laws and regulations.

The Veteran's claim for service connection for pelvic bone stress fractures is denied as there is no current disability. The Veteran's claim for nonservice-connected pension benefits is also denied due to lack of permanent and total disability.

The Veteran's claim for Post-9/11 GI Bill benefits was denied because he did not have the required 90 days of qualifying active duty service. The Board is remanding the case to obtain official personnel records that may show more than 90 days of qualifying active duty service.

The appellant is not eligible for accrued benefits as her lost wages do not qualify as expenses of the last illness or burial of the Veteran, and she does not meet other criteria for which accrued benefits could be paid.

The Veteran's service did not qualify her for Post 9/11 GI Bill educational assistance due to the requirement of four years of obligated service, which she had already completed.

The Veteran's residuals of a back injury are manifested by intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks, warranting a 60 percent rating.

The Board finds that the Veteran's election for Post-9/11 GI Bill benefits is irrevocable and cannot be rescinded.

The Board denied the Veteran's request for a waiver of recovery of an advance payment of educational assistance benefits in the amount of $3,000.00 due to the debt being properly created and because recovery would not be against equity and good conscience.

The Board has determined that recovery of the overpayment in the amount of $719.53 would be against equity and good conscience, thus granting the Veteran's waiver request.

The Veteran's claim for an increased rating for bilateral keratoconus has been granted, with a 70 percent rating effective February 3, 2011.

The Board denied service connection for lumbar spine, bowel, bladder, and headache conditions as they were not found to be aggravated by active duty service.

The Board found that the Veteran's gastrointestinal symptoms have been attributed to known clinical diagnoses and are not causally or etiologically related to his military service. Therefore, service connection for a gastrointestinal disorder was denied.

Your claim for TDIU has been granted and effective from the date of your original claim, December 7, 2005.

The Board has determined that the Veteran's left hip disability, which pre-existed service and was aggravated by service, is entitled to service connection.

The Board denied service connection for a spine disability as secondary to service-connected varicose veins of the left lower extremity, and also denied an increased rating for varicose veins. The Veteran's claim was not reopened due to lack of new and material evidence.

The Board found that the Veteran's rib mass is not related to her military service and denied her claim for service connection.

The Veteran's claims for initial compensable ratings for his service-connected peripheral vascular disease of the lower extremities and for service connection for a low back disorder are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has decided to remand the case for additional development, including obtaining medical records and verifying the Veteran's duty status during periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). The Veteran is also required to undergo a VA examination to determine if his current nasal disability is related to service.

The Board has remanded the case due to the need for a Supplemental Statement of the Case after receiving additional evidence, including VA outpatient treatment records and Social Security Administration records.