Other conditions decisions — 2011

The Veteran's claim for service connection for a brain tumor is being remanded due to the need for additional medical records and an opinion regarding the nature of his brain tumor.

The Veteran's TDIU claim was granted effective May 3, 2007, based on the factually ascertainable increase in service-connected disability leading to unemployability as of that date.

The appellant is not entitled to VA death benefits as she is older than 18 and did not meet the criteria for being a child of the Veteran who died from service-connected causes.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill is remanded due to an unclear calculation of remaining MGIB benefits and potential exhaustion prior to his election date.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C.A. Chapter 35 because his father's service-connected disability rating was effective after the appellant reached his 26th birthday.

The VA denied the appellant's claim for death pension benefits due to her income exceeding the maximum annual limit and her net worth exceeding $80,000.

The appeal is being remanded to the RO for further review of the Veteran's permanent and total disability status, as this issue is inextricably intertwined with the appellant's eligibility for Chapter 35 DEA benefits. The case will be returned to the Board after the necessary actions are taken.

The Veteran is seeking education benefits at the 100 percent level under the Post-9/11 GI Bill. The RO denied her claim based on the fact that only a portion of her service after May 28, 2003 qualified for the benefit due to a waiver of active duty service commitment. Additional development is required to determine if she had over 36 months of qualifying service.

The Board granted the Veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that it would be against equity and good conscience to recover the funds due to financial hardship.

The Veteran's request for a waiver of recovery of an overpayment of VA service-connected compensation benefits was denied because the creation of the debt was due to some fault on the part of the Veteran, and recovery would not be against equity and good conscience.

The Veteran's widow's claim for death pension benefits with special monthly compensation was denied due to insufficient evidence. The Board has determined that the claims file contained sufficient evidence at the time of her claim to show she was the Veteran's surviving spouse, and thus the appellant is entitled to reimbursement of the last illness and funeral expenses of the Veteran's widow.

The Board found no current diagnosis of a liver disorder and concluded that the Veteran's elevated liver enzymes were not related to service, thus denying his claim for service connection.

The Board granted a 10 percent evaluation for the Veteran's service-connected anal fistula, effective July 27, 2007. The claim of service connection for prostate cancer was withdrawn by the Veteran prior to the decision.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current right great toe disorder is related to his active service.

The Board has determined that the appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 of the United States Code due to a lack of eligibility based on specific regulatory criteria.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because he reached his 26th birthday before the Veteran's permanent and total disability rating was effective.

The Veteran's appeal for a higher rate of payment under the Reserve Educational Assistance Program (REAP) is denied as he did not serve for at least one continuous year on active duty, which is required for the 60% REAP payment rate.

The Veteran's claim for additional educational assistance under the Post-9/11 GI Bill is denied as his entitlement period is limited to one month and 28 days due to unused Chapter 30 benefits.

The Board has determined that the appellant is eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, as her delimiting date has not yet expired.

The Board denied the appellant's request for an extension of the delimiting date for Dependents' Educational Assistance benefits under Chapter 35, Title 38, of the United States Code, beyond January 30, 2009, as it is prohibited by law.