Other conditions decisions — 2018

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed Somatoform Disorder, and additional development is needed.

The Board denied service connection for a heart condition (claimed as congestive heart failure and coronary artery disease) due to herbicide exposure, finding that the Veteran's diagnosed conditions did not manifest during or as a result of his military service.

The Veteran's claim for a higher evaluation for residuals of left tibia and fibula fracture is denied. The Board found that an evaluation in excess of 10 percent would violate the amputation rule as his left lower extremity has a combined rating of 60 percent, which is the maximum allowed for a knee amputation at the knee level.

The Veteran's service dates do not meet the eligibility requirements for Montgomery GI Bill educational benefits.

The Veteran's claim for VR&E benefits, including reimbursement for his Westlaw subscription service, was denied due to the AOJ finding that it was not a reasonable accommodation. The case is being remanded as new provisions in the Vocational Rehabilitation & Employment Service Manual have been issued.

The Veteran's irrevocable election to receive Chapter 33 benefits in lieu of Chapter 30 benefits is upheld, and his claim for Chapter 30 education benefits is denied.

The Veteran's claim for a waiver of the overpayment of Post 9/11 GI Bill education benefits is remanded due to insufficient information on his current financial status.

The Board denied service connection for a right hip disability because the Veteran's injury was caused by his own willful misconduct, and thus not incurred in line of duty.

The Veteran's gallbladder disorder is granted as secondary to his service-connected diabetes mellitus. The liver disorder case is remanded for further evaluation.

The Board denied the Veteran's claim for service connection for hyperhidrosis with associated rhabdomyolysis, finding that there was clear and unmistakable evidence showing the condition preexisted service and was not permanently aggravated by service.

The Veteran's left foot impairment is granted as secondary to his service-connected back disability. The right hand fracture claim for an initial compensable rating is denied. The Board has remanded the issues regarding increased ratings for left and right hip conditions due to inadequate examinations.

The Veteran's left elbow disability, characterized by limited range of motion and pain, is currently rated at 20 percent for limitation of flexion and extension. A separate 10 percent rating is assigned for limitation of supination and pronation.

The Board denied service connection for left knee disabilities, finding that the conditions did not begin during or within one year after separation from service and were not caused by military service.

The Board found that the appellant received death pension benefits to which she was not entitled due to misreported Social Security income, resulting in an overpayment of $24,166.50. The appeal is denied.

The Board denied the Veteran's claims for service connection as there is no evidence of a current disability related to his claimed left hand index finger injury or burn injury, 80 percent, body scars.