Other conditions decisions — 2011

The Board found that the overpayment of Chapter 31 benefits was not validly created due to VA administrative error, and thus the debt is invalid.

The Veteran's dizziness is not service-connected as it did not occur during his military service and there is no evidence linking it to a service-connected condition. The Board also found that the Veteran's dizziness was not secondary to his service-connected hearing loss and tinnitus.

The Veteran meets the basic eligibility requirements for educational assistance benefits under Chapter 30, Title 38, United States Code, due to his involuntary separation from service after completing two years and eight months of active duty. His physical conditions (overweight, excess fat, incapacity to perform sit-ups satisfactorily, and incapacity to perform a two-mile run) were found not to be the result of willful misconduct but interfered with his performance of duty.

The Veteran's service-connected right forearm injury, status post surgical repair, results in significant interference with his employment as a barber. However, the evidence does not demonstrate that this disability picture is so exceptional or unusual as to render impractical the application of the regular schedular standards.

The Veteran's appeal is being remanded for further development, including obtaining updated VA examination and treatment records, and considering his TDIU claim.

The Veteran's appeal is remanded for a more detailed accounting of the characterization of his VA disability benefits that were to be paid, effective July 27, 2004 through October 31, 2004, and subsequent to November 1, 2004. The impact of an earlier effective date for service connection for right knee disability on the appeal is also discussed.

The Board has dismissed the appeal due to the death of the appellant.

The Board denied the Veteran's claim for an earlier effective date of May 30, 2008, for a grant of special monthly compensation based on the need for aid and attendance.

The Veteran's death was caused by coronary arteriosclerosis and a previous stroke, both of which are not service-connected. The VA physician found that the Veteran's cold injury to his feet did not contribute to his death.

The appellant is recognized as a 'child' of the Veteran for VA benefits due to her permanent incapacity to self-support prior to reaching the age of 18, established by her disability before and after turning 18.

The Board denied the appellant's claim for an extension of her delimiting date for DEA benefits beyond May [redacted], 2009, finding that she was not entitled to such extension due to lack of legal merit.

The Veteran's appeal for a higher educational benefits rate was denied because his total aggregate length of creditable active duty service after September 10, 2001, did not meet the minimum 24 months required to be assigned educational benefits at the 80 percent rate.

The Board denied the Veteran's claims for increased ratings, finding that his service-connected right ring finger disability did not meet the criteria for a rating in excess of 20 percent prior to July 21, 2009 and did not meet the criteria for a rating in excess of 40 percent since July 21, 2009.

The Veteran's claim for additional educational assistance under the Post-9/11 GI Bill is denied as he has already received a maximum allowable aggregate of 48 months of benefits.

The Board dismissed the appeal due to the appellant's death, as it has no jurisdiction over the case.

The Veteran's death occurred prior to the enactment of the American Recovery and Reinvestment Act, which provides for a one-time payment from the FVEC fund. As he did not file a claim before his death, he is not eligible for this benefit.

The Veteran's bladder infection with blood in the urine and urinary incontinence prior to April 28, 2004 was manifested by incontinence requiring the changing of absorbent materials more than four times a day, warranting a 60 percent disability rating.

The Board has granted service connection for low back disorder and legs/thigh disorder, assigning a 10% initial rating.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for right leg and bladder/bowel disorders, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA medical personnel.