Other conditions Board decisions

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 Veteran's service did not qualify him for VA nonservice-connected death pension benefits as he served outside the defined periods of war. The claim is denied.

The Veteran's service-connected residuals of a gunshot wound to the left foot with traumatic arthritis, talocalcaneal joint are rated at 30 percent due to weakness, fatigability, paresthesias, and need for specially made shoes.

The Veteran's unauthorized private medical expenses incurred on February 2, 2010 for chest pain due to acute coronary syndrome were denied as the care was not authorized in advance and he had coverage under a health-plan contract.

The Veteran's appeal is remanded for additional development, including a new examination to assess the severity of his right throat disability and consideration of all relevant diagnostic codes. The case will be returned to the Board for further appellate action.

The Board has denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred over the period of June 28, 2010, to July 6, 2010. The criteria under 38 U.S.C.A. �� 1725 and 1728 were not met due to the Veteran's private health coverage (Blue Cross) that has paid at least a portion of the medical expenses incurred.

The Board has granted the Veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $29,736.00 due to the Veteran's homelessness and lack of income.

The Veteran's service connection claim for residuals of a cyst on the lower back is granted as his current residuals are considered to be related to his in-service pilonidal cyst.

The Board found that the overpayment of $1900.76 was validly created due to the Veteran's son, S.S., stopping attendance at college in December 2004 and VA continuing to pay benefits for him as a dependent until November 30, 2006. The decision also noted that the Veteran had shared fault in creating this overpayment.

The Veteran's left foot shrapnel fragment wound residuals are currently rated as 10 percent disabling, and the evidence does not support a higher rating.

The Board has determined that there is no credible evidence to support the Veteran's claims of cholecystitis and post-operative residuals of gallbladder removal, which were not diagnosed until after service. The Veteran did not exhibit these conditions during active duty or within one year following separation.,Service connection for post-operative residuals of gallbladder removal was denied as there is no evidence linking the condition to service.

The Veteran's service-connected right elbow disability, which includes ulnar nerve decompression surgery, does not meet the criteria for a compensable evaluation under applicable rating codes.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran due to her valid marriage and continuous cohabitation with him until his death.

The Veteran's claim for service connection for pancreatic carcinoma, status-post Whipple procedure and chemotherapy, with hepatic metastasis as a result of exposure to herbicides is being remanded due to the need for a Travel Board hearing.

The Board determined that the Veteran does not meet the legal criteria for recognition as a former POW for VA purposes and denied his claims for service connection for heart disorder, right knee disability (including osteoarthritis), peptic ulcer disease, and inguinal hernia.

The Veteran's claim for additional allowance for school attendance of his dependent child over the age of 18 was denied as he did not file a formal or informal request within one year from her 18th birthday, and she had already graduated high school.

The Board found that partial waiver of overpayment in the amount paid to the Veteran during the time period extending from October [redacted], 2002, to June 30, 2006, is warranted due to his failure to timely advise VA of his divorce and remarriage.

The Veteran's claim for service connection for essential thrombocythemia has been denied as there is no evidence linking the condition to his active military service. The claim for an increased evaluation for loss of lung capacity has also been denied, with the RO having granted a noncompensable evaluation in September 2008 and subsequently increasing it to 10 percent effective June 16, 2008.

Service connection for a sinus condition and bilateral eye disability has been denied.,Effective dates of service connection have been granted for left ear hearing loss, right ear hearing loss, and perforated left tympanic membrane with chronic otitis media.

The Board determined that the character of the appellant's discharge for his military service from October 1966 to April 1970 is a bar to status as a veteran, thus preventing him from receiving VA benefits.