Other conditions decisions — 2009

The Veteran's claim for special monthly compensation based on a need for aid and attendance or on housebound status has been dismissed due to his death.

The Veteran's appeal for an earlier effective date for special monthly compensation based on the need for aid and attendance was dismissed as he withdrew his appeal in May 2009.

The Veteran's pain disorder associated with psychological factors was rated at 30 percent disabling from September 8, 2003 and increased to 50 percent disabling effective from September 3, 2008.

The Board has granted a 20% evaluation for the veteran's residuals of laryngeal cancer from May 1, 2006, based on both schedular and extraschedular criteria.

The Board has determined that the VA Regional Office (RO) did not comply with its remand directives and thus, the case is being returned to the RO for corrective actions.

The Veteran's claim for service connection for dizziness, fainting spells, and ear infections was denied as there is no evidence of a current disability or any nexus to service.

The Board has remanded the case for additional development, including obtaining medical records from the Dallas VAMC and providing proper VCAA notice.

The Veteran's appeal is being remanded for further development, including an ophthalmological examination and opinion.

The Board has granted the Veteran's claim for reimbursement of private medical expenses incurred from July 30, 2003 to August 6, 2003. The treatment was related to a cholecystectomy.

The Veteran's request for waiver of recovery of an overpayment of pension benefits in the original amount of $20,105.00 was denied because it was not timely filed within the required 180-day period.

The Board finds that the Veteran is not eligible for a 'kicker' (or increase) of Montgomery GI Bill basic educational assistance benefits pursuant to 38 C.F.R. § 21.7136(g) for service in the Selected Reserve, as the Department of Defense has determined he was not eligible.

The Board has denied a request for an earlier effective date for service connection for cause of the Veteran's death, finding that the earliest possible effective date is April 15, 2004.

The Veteran's skin disorder, including lichen planus, was not incurred in or aggravated by active service and may not be presumed to have been incurred or aggravated therein.

The Board denied service connection for restrictive lung disease and congestive heart failure, finding that the evidence did not support a link to service or any incident thereof.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only has been dismissed as his death made the case moot.

The Board has determined that the contested claims procedures have not been followed and the case must be remanded to ensure these procedures are completed.

The Board denied the appellant's request for a waiver of overpayment of pension benefits, finding that recovery would not be against equity and good conscience due to her current financial situation.

The case is being remanded for further development of the Veteran's treatment records from Dr. Polsky, including a report of an MRI conducted in 2007.

The Veteran's service-connected varicose veins have been rated at 40 percent disabling, meeting the schedular criteria for a TDIU. However, the VA examiner's opinion is inadequate to determine if his disabilities render him unemployable without regard to age or other factors.

The Board has remanded the case due to the need for additional service personnel records, medical records, and a VA specialist's opinion regarding the cause of death. The appellant is also seeking an increase in DIC benefits.