Other conditions decisions — 2011

The Veteran's request for an extension of his delimiting date for Chapter 30 education benefits was denied as he did not submit a timely request within one year after the expiration of his eligibility period and good cause was not shown.

The Board has remanded the case due to insufficient evidence regarding herbicide exposure and a need for further medical opinion on whether the Veteran's cause of death is related to his military service.

The Board has remanded the case for readjudication due to a lack of consideration of the Veteran's ankylosing spondylitis symptoms in conjunction with the extraschedular discussion on the issue of increased evaluation for service-connected ulcerative colitis.

The reduction of benefits for the two-day period from January 13 to 15, 1990 was not proper.,The reduction of benefits for the period from January 16, 1990 until March 9, 2008 was proper.

The Board found that the appellant's service was characterized as 'under conditions other than honorable' due to multiple offenses resulting in judicial and nonjudicial punishments, which constitute willful and persistent misconduct. The Board concluded this discharge is considered dishonorable and therefore constitutes a bar to VA benefits.

The Board denied the appellant's claim for an earlier effective date of October 24, 2008, for the award of a higher DIC rate based on her need for regular aid and attendance. The appeal was not about service connection at all.

The Board found that the Veteran's VA compensation benefits were improperly terminated beginning on December 27, 2001, resulting in an overpayment of $81,116.26 and thus concluded that the debt was not properly created.

The Board found that the appellant's request for waiver of recovery of an overpayment of benefits in the original amount of $7,034.00 was not timely received and denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on September 9, 2008 is granted as the criteria under 38 U.S.C.A. § 1725 have been met.

The Veteran's cause of death was not caused by any service-connected disability, including exposure to herbicides. The Board denied the claim for service connection for the cause of the Veteran's death.

The Board has granted service connection for alopecia areata and loss of use of a creative organ (low sperm count) due to herbicide exposure in the form of Agent Orange. The Veteran's claims were supported by credible lay evidence, including his testimony at hearing and statements from family members.

The Board finds that the service-connected heart murmur in service caused or contributed to the Veteran's acute myocardial infarction, which was the cause of death. As such, service connection for the cause of death is granted.

The Board has determined that the Veteran's current testicular disability is related to his in-service symptoms and therefore grants service connection for this condition.

The Board denied the Veteran's claims for service connection for hyperglycemia, and denied his increased rating claim for right lower extremity radiculitis. The Veteran's weight gain and Cushingoid habitus were rated at 10 percent.

The Board has determined that the Veteran's current left hip myofascial syndrome and bursitis are not related to her in-service stress fractures, and there is no evidence of a right hip disability. Therefore, service connection for bilateral hip/leg disability is denied.

The Board found that the Veteran's death was not caused by an injury or disease incurred during service, nor is it presumed to have been caused by exposure to herbicides. The claim for service connection for cause of death was denied.

The Veteran's peptic ulcer disease was rated at 40 percent prior to March 5, 2010, and at 60 percent thereafter. The current rating of 60 percent is maintained.

The Board granted an initial rating of 20 percent for the Veteran's service-connected sacroiliac fracture residuals effective November 12, 2009. The TDIU claim was also granted.

The Board has determined that a compensable evaluation of 10 percent is warranted for the left index finger disability based on interference with overall function of the left hand.

The Board has determined that the Veteran's numbness of the right upper extremity did not have its onset during active service or result from disease or injury in service. Therefore, service connection is denied.