Other conditions decisions — 2011

The overpayment of $8,686 was created due to a retroactive reduction in disability compensation and is invalid. The Veteran has been made whole through the payment of CRSC (Combat-Related Special Compensation). As a result, there is no justiciable issue for the Board to decide.

The Veteran's service-connected Osgood Schlatter's Disease of both knees does not meet the criteria for a disability evaluation in excess of 10 percent.

The Veteran's adenocarcinoma of the rectum was not shown to be related to his military service, including exposure to herbicides. The Board found insufficient evidence to support a finding that the cancer is due to Agent Orange exposure or any other condition from his active duty.

The Board has determined that the Veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by active duty service, including exposure to herbicides.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim of service connection for a skin disorder, but has also noted that the Veteran is presumed exposed to herbicide agents during his Vietnam-era service. The decision is mixed as it addresses both the reopening aspect and the merits of the underlying claim.

The Board has determined that additional development is needed to determine the appellant's eligibility for Chapter 35 benefits and her program of education. The case will be remanded for this purpose.

The Board has determined that the Veteran's aspergillosis is related to his military service and grants service connection for this condition.

The Board found no evidence of a chronic disability manifested by numbness of the left side of the face and concluded that service connection could not be granted under any criteria.

The Board has determined that the Veteran's post-operative left frontal meningioma is attributable to his military service, and thus grants service connection for this condition.

The Veteran's claim for service connection for Porphyria Cutanea Tarda was granted with an initial 40% evaluation effective May 31, 2007. The March 1998 rating decision contained clear and unmistakable error (CUE) in denying the earlier effective date of October 9, 1996.

The Veteran's appeal is denied as she does not meet the eligibility requirements for Montgomery GI Bill education benefits under Chapter 30 due to her failure to timely pay the required $2,700 contribution into the MGIB program.

The Board denied the appellant's claim for VA death benefits as a child of a veteran due to lack of qualifying service in the United States Armed Forces, and thus the appellant is not eligible for these benefits.

The Veteran's service connection for oropharyngeal cancer was restored, with the condition being presumed due to herbicide exposure in Vietnam. However, this presumption is not applicable as there is no evidence of a positive association between herbicide exposure and oropharyngeal cancer.

The Veteran's in-service substance abuse was not related to a service-connected disability and is considered willful misconduct. Therefore, the claim for service connection for a substance abuse disorder is denied.

The Board found that the Veteran does not have a diagnosed left hand disability and thus denied his claim for service connection.

The Veteran's residuals of a fracture to the right index finger are rated at 10 percent, effective from the date of the August 2010 rating decision.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill is being remanded due to insufficient qualifying active duty service. The RO must verify all periods of his service, including any additional active duty service he claims.

The Board has denied the Veteran's waiver request for an overpayment of nonservice-connected pension benefits. The case is being remanded to schedule a videoconference hearing before a Veterans Law Judge.

The Board has remanded the case for further development, including scheduling a VA eye examination to assess the current nature and severity of the appellant's service-connected ptosis of the left upper lid. The examiner is requested to provide a detailed description of the level of disfigurement caused by the service-connected ptosis of the left upper lid.

The Veteran's BPH was not shown to be related to his service or any service-connected disabilities, and the Board found that it is less likely than not caused by or aggravated by his service-connected conditions.