Other conditions decisions — 2011

The Veteran's right-sided hemiparesis was not caused by or proximately due to VA hospital care, medical or surgical treatment or examination in 1995, 1996, and 1998. The Board found no fault on the part of VA.

The Board found that the Veteran's current left hip and left foot disorders were not incurred during service or due to his service-connected disabilities. The appeals for these claims are denied.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's service-connected post-operative deviated nasal septum warrants a rating of 50 percent, which is the maximum schedular evaluation available.

The Veteran withdrew his appeal concerning the issue of service connection for trigeminal neuralgia, to include consideration pursuant to 38 U.S.C.A. § 1151.

The Board has decided to remand the case for further development, including verifying dates of service for National Guard ACDUTRA and INACDUTRA. The Veteran's claim will be readjudicated after any additional development is completed.

The Board found that the Veteran's countable annual income exceeded the maximum annual pension rate for purposes of nonservice-connected disability pension benefits since February 1, 2005 and denied his claim.

The Veteran's dysthymic disorder was initially rated at 10 percent prior to June 24, 2009 and remains at that rating. The Board finds the current rating adequately reflects his symptoms.

The Veteran's appeal is being remanded for further development of his claims, including obtaining updated medical records and arranging for a VA examination to assess the severity of his stomach ulcers and determine if he has a current skin disability associated with service.

The Board has remanded the case for additional medical opinion and to obtain complete treatment records from Coastal Urology Associates. The Veteran seeks service connection for a prostate disorder, including chronic prostatitis status post transurethral resection of the prostate (TURP) and a disorder causing human seminal plasma hypersensitivity in his spouse.

The Veteran's income exceeded the maximum allowable pension rate prior to December 1, 2006. Pension benefits were denied for that period.

The Veteran's request for a waiver of overpayment is being remanded due to potential administrative error in notification of his incarceration.

The Veteran's overpayment of $4,526.00 was properly created due to the retroactive reduction in his compensation benefits for the period from July 2001 to March 2007, as he was no longer entitled to receive additional compensation based on a dependent spouse (D) after being divorced in June 2001.

The Board has determined that additional development is necessary to determine the appellant's eligibility as the Veteran's surviving spouse and to ascertain if the Veteran's death certificate was corrected. The case will be remanded for these actions.

The appellant's claim for benefits under 38 U.S.C.A. § 1805 for spina bifida is denied as there is no evidence of the condition.

The Veteran's eligibility for educational assistance under Chapters 34 and 30 has been denied due to the expiration of his benefits and failure to meet eligibility criteria.

The Veteran's appeal for education benefits under the Dependents' Educational Assistance Program (DEA) based on his daughter attending Community Christian School from September 2007 to May 2009 was denied because the school has not been approved by the State approving agency.

The Board found that the Veteran's follicular lymphoma was not incurred in or aggravated by active service, to include as a result of exposure to asbestos. The claim is denied.

The Board found that the appellant's claim for accrued benefits was timely filed and included sufficient evidence to support her entitlement. As a result, she is entitled to $1,253 in accrued benefits.

The Veteran's appeal has been withdrawn, and the case is dismissed.