Other conditions decisions — 2012

The Board has remanded the case for further development and reconsideration of the appellant's request for a waiver of overpayment of spousal dependency and indemnity compensation benefits.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran for purposes of entitlement to VA benefits, including Dependency and Indemnity Compensation (DIC) benefits.

The Veteran's appeal for specially adapted housing was dismissed due to his death.

The Veteran withdrew her appeal before a decision was made, citing that she no longer wanted to pursue the cosmetology program.

The Veteran's appeal was dismissed due to his death, and no service connection claim remains.

The Board has found new and material evidence sufficient to reopen the previously denied claim for service connection for back pain with numbness and tailbone pain. The issue of whether service connection is warranted for such condition remains before the RO.

The Veteran's appeal is being remanded for additional development, including new VA examinations to address the issues of service connection for paresthesias of both feet and degenerative joint disease of the right hip.

The Board found that the overpayment of $2,860.00 in nonservice-connected pension benefits was validly created due to the appellant's failure to report his Social Security Administration income. The Board also determined that there was no indication of fraud, misrepresentation or bad faith on the part of the appellant, and thus denied the request for waiver of recovery.

The Veteran's claim for an increased evaluation for his osteochondroma of the left hip was denied as there is no evidence showing that the disability has worsened to a level warranting a rating in excess of 20 percent.

The Veteran's claim for nonservice-connected pension was denied because he did not have any active service during a period of war, making him ineligible under the applicable provisions.

The Veteran's claim for service connection for residuals of shrapnel wounds to the head, mouth, and right leg is denied as there is no evidence of a current disability related to combat injuries sustained during service.

The Veteran's only service-connected condition is a left shoulder disability rated at 30 percent. The VA determined that this condition alone does not prevent the Veteran from securing and following substantially gainful employment.

The Board denied service connection for a testicular condition and schizophrenia, claimed as a psychiatric disorder. The Veteran's left varicocele was found to not be incurred in or aggravated by active military service.

The Board has granted service connection for the Veteran's claimed conditions, including status post L4-L5 discectomy, mild annular bulging at L2-L3 and L3-L4 with mild spinal stenosis and partial foraminal encroachment.

The Veteran's claims for increased ratings for residuals of shell fragment wounds to the right leg and calf have been denied. The VA has determined that a compensable rating is not warranted for Muscle Group XI, and a rating in excess of 10 percent is not warranted for Muscle Group XII.

The Board found that the Appellant's character of discharge was under dishonorable conditions, constituting a bar to VA benefits.

The Board has remanded the case for additional development due to incomplete records. The Veteran's entitlement to educational assistance benefits under Chapter 30, Title 38, United States Code (MGIB-AD) is currently on hold until further notice.

The Board has remanded the issue of whether an overpayment of VA compensation benefits was properly created due to a need for further development and consideration.

The Board has determined that the Veteran's seborrheic keratosis, prurigo nodularis, and solar lentigines are causally related to his active duty service.

The Board denied the Veteran's claim for educational benefits under Chapter 30, Title 38, United States Code for the period prior to January 16, 1996 due to lack of entitlement based on regulatory criteria governing commencement dates of awards of Chapter 30 educational assistance benefits.