Other conditions Board decisions

The Veteran's appeal is being remanded for additional development to determine the severity of his service-connected chronic peptic ulcer disease, recurrent, status post vagotomy with pyloroplasty.

The Board found that the Veteran's skin disorder, including as due to Agent Orange exposure, was not incurred in or aggravated by service.

The Veteran's death was caused by congestive heart failure due to a pituitary adenoma, which the Veterans Court determined was caused by exposure to ionizing radiation during service. The Board has granted service connection for the cause of the Veteran's death.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA dental examination to determine if the Veteran's current dental disability is due to in-service negligence or malpractice. The claim will also be adjudicated by the appropriate VA agency of original jurisdiction.

The Veteran's service-connected bladder cancer with left nephrectomy was rated at 100% from July 29, 2009 to December 13, 2009 due to active malignancy based on local recurrence or metastasis.

The Board found that the Veteran's post-polio syndrome existed prior to service and did not increase in severity during service, thus denying his claim for service connection.

The Board has remanded the case for further development regarding the Veteran's exposure to radiation during service and his duties related to aircraft used in Operation Redwing. The claim will be readjudicated after these actions.

The Board has determined that the Veteran's cause of death, respiratory failure and emphysema, was not caused by or a result of his service-connected conditions.

The Board found no evidence of a current right elbow disability that had its onset in service and is causally related to active service. The Veteran's right knee disability was not shown to result in objectively painful motion, loss of motion, instability, functional impairment, or frequent episodes of 'locking', pain and effusion into the joint.

The Veteran's service-connected callosities of the right and left feet are productive of impairment analogous to a moderately severe foot disability, warranting separate 20 percent ratings for each.

The Board has granted service connection for thoracolumbar spine strain, finding that the Veteran's current back condition is related to his military service. The issue of entitlement to service connection for a neck injury remains pending and will be remanded.

The Board has determined that the Veteran's nerve damage of the lower spine and bilateral legs are related to his service-connected cervical spine disability, thus granting service connection for these conditions.

The Board found that the overpayment of $4,452.00 and apportionment of $2,400 were properly created due to the appellant's failure to inform VA of his spouse's death and subsequent marriage, respectively. The waiver request was denied.

The VA determined that the Veteran's service-connected right forearm muscle injury does not meet the criteria for a compensable disability rating, as it is only mildly disabling.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination. The claim will be reconsidered after these actions.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's enrollment in an on-the-job training program for Police Communications Operator at the Glendale Police Department from January 16, 2006 to January 16, 2007 was not approved by a State Approving Agency before or during her participation. As such, she is denied VA educational assistance benefits under Chapter 30 (Montgomery GI Bill or MGIB).

The Veteran's claim for Chapter 30 educational assistance is denied as he did not meet the service requirements due to his discharge being for convenience of the government and not meeting the required 30 months of continuous service.

The Veteran's unauthorized medical expenses incurred at Ripon Medical Center on August 12, 2008 are granted as the condition was of such severity that a prudent layperson would have expected delay in seeking immediate medical attention to be hazardous. Additionally, it was not feasible for the Veteran to seek treatment from VA facilities.

The Veteran's unauthorized private medical expenses incurred from October 11, 2008 to October 23, 2008 were denied as he was deemed stable for transfer or discharge by VA facilities before the end of his hospitalization.