Other conditions decisions — 2010

The Veteran's appeal for total disability based on individual unemployability has been dismissed due to the death of the appellant.

The Board finds that the Veteran's application for education benefits was received in December 2001, and resolves all doubt in favor of the Veteran. The commencing date of his award of educational assistance is one year before this date or December 2000.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of educational benefits in the amount of $2,899.60 due to his failure to submit a timely request within 180 days following notification of the overpayment.

The Board has determined that the overpayment of Chapter 30 benefits was due to VA administrative error and not the Veteran's fault, thus the debt is invalid.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a dermatology examination.

The Board has granted the Veteran's request for waiver of overpayment of VA disability compensation in the amount of $1,508.00, finding that recovery would be against equity and good conscience.

The Board has remanded the case for additional notification and development due to a previous denial of service connection for porphyria cutanea tarda, which was previously found insufficient. The Veteran is being asked to provide new evidence that would support reopening his claim.

The Board found that the evidence received was not new and material, thus denying the appellant's request to reopen her claim for revocation of VA death benefits.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and arranging a videoconference hearing.

The Board has determined that the appellant's left leg fracture was aggravated during his period of active duty for training, warranting service connection.

The Board has determined that there is no remaining question of fact or law regarding the appellant's entitlement to additional Dependents' Educational Assistance under Chapter 35 of the United States Code, as the Regional Office (RO) has already granted this benefit. As such, the appeal must be dismissed.

The Veteran's claim for service connection for a dermatological disorder claimed as jungle rot is being remanded due to the lack of available service records and the need for further development, including a VA examination.

The Board finds that the overpayment of $3,411.80 in VA education benefits is valid due to administrative error and the Veteran's lack of knowledge regarding her eligibility for such benefits.

The Board has remanded the case to the RO/AMC for further action consistent with a Memorandum Decision of April 2009, which vacated the June 2006 decision denying legal entitlement to VA death benefits and ordered that development be completed prior to final adjudication.

The Board has determined that the appellant can be recognized as the surviving spouse of the Veteran for purposes of VA death benefits, given the invalidity of the divorce decree and the mutual consent to separation.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a left leg disorder other than a shell fragment wound, and the current left lower extremity disorders are less likely caused by or related to his service-connected disabilities.

The Board found that the Veteran's short bowel syndrome was not caused by VA care, and thus denied his claim under 38 U.S.C. § 1151.

The Veteran was notified of his total disability and basic eligibility for Dependents' Education Assistance benefits on November 13, 2001. The appellant submitted the application for educational assistance one year later on March 13, 2003. As this is more than a year after notification, VA determined that the effective date could not be earlier than March 14, 2002.

The Board finds that the appellants' annual countable income is less than the maximum allowed for Parents' DIC benefits, and after applying the statutory decrease of .08, their benefit is at the statutory minimum of $5.00 per month.

The Veteran's claim for an increased rating for right leg varicose veins was denied, and his TDIU claim was also denied. The Board found that the current level of disability did not meet the criteria for a higher rating under the applicable diagnostic codes.