Other conditions decisions — 2009

The claim for payment of DEA benefits effective August 26, 1996 was denied because the commencing date for the award of educational assistance is set as November 26, 2000.

The appeal is remanded to obtain additional medical records and possibly schedule an examination with an ophthalmologist.

The Veteran's service connection for HIV/AIDS was granted as the evidence showed that he developed it during his service.

The Veteran was not a fugitive felon, and the termination of his nonservice-connected disability pension benefits from December 27, 2001 until January 12, 2005, due to fugitive felon status was improper.

The Veteran's bilateral lower extremity disability causes pain and swelling, with exacerbations once or twice per year. There is no evidence of stasis pigmentation or eczema and no ulcerations of the skin.

The Board finds that the Veteran's skin disability as likely as not had its onset during his period of active service, and grants service connection for a skin rash.

The Board granted the waiver of the recovery of an overpayment of DIC benefits in the amount of $6,769.00 due to VA administrative error.

The Board denied the appellant's claim for an earlier effective date of receipt of DEA benefits, as the earliest ascertainable date stamp by the RO on the application was October 7, 2004.

The Board denied service connection for the cause of the Veteran's death and entitlement to dependency and indemnity compensation under 38 U.S.C.A. § 1318, as there was no evidence that a service-connected disability caused or contributed to the Veteran's death.

The Board denied service connection for a right and left leg disorder as there was no current diagnosis of such conditions.

The Veteran's post traumatic stress disorder is etiologically related to his service in Vietnam.

The appeal is remanded to the RO for further development and adjudication of the issue regarding the validity of the overpayment.

The case is remanded to further investigate the validity of a divorce decree and determine if the Veteran's legal spouse should be restored an apportionment of the Veteran's VA compensation.

The appeal for an earlier effective date for TDIU was denied as there is no evidence of an increase in disability within one year prior to the November 28, 2005 claim.

The appeal is remanded to the RO for additional development, including obtaining updated financial records and a complete history of support payments.

The veteran was granted payment or reimbursement for unauthorized medical expenses incurred at a private hospital on October 16, 2005, due to the treatment being necessary and VA facilities not being feasibly available.

The Board concluded that no disabilities incurred either as a result of service or as secondary to a service-connected disability caused the Veteran's death or contributed substantially or materially to cause his death.

The Board denied the application to reopen the claim for death pension benefits as new and material evidence was not provided.

The appeal is remanded for additional development and notification to both the Veteran and appellant regarding their rights in the apportionment process.

The motion to have the Board's decision reversed or revised under a motion of clear and unmistakable error is dismissed.