Other conditions decisions — 2014

The Veteran's bilateral defective hearing is currently evaluated at 30 percent, the maximum schedular rating available under Diagnostic Code 6100. The most recent VA examination did not show any improvement in his hearing impairment.

The Veteran's claim for service connection for a bilateral elbow disorder is denied as there is no evidence of a diagnosed disability at any time during the appeal period.

The Veteran's appeal is being remanded for further development and examination to determine the nature of his service-connected conditions, including hemorrhagic fever and its residuals, as well as any other claimed disorders. The Veteran will be asked about any information that may support a connection between his in-service hemorrhagic fever and current conditions.

The Veteran's left upper extremity disability, specifically brachial plexopathy, is due to the carelessness or negligence of VA during the March 2009 CABG surgery. The event was not reasonably foreseeable and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's service connection claim for myelopathy/loss of balance was denied as there is no evidence of a current disability related to this condition. The claims for cervical spine, lumbar strain, right hip degenerative joint disease, and right knee patellofemoral syndrome were not addressed due to the denial of the primary issue.

The Veteran's tick-borne illnesses, including Lyme disease, ehrlichiosis and Rocky Mountain spotted fever, were incurred in service.

The appellant is recognized as the surviving spouse of the Veteran for VA benefits.

The Board denied the Veteran's request for waiver of recovery of overpayment of VA pension benefits from October 21, 2004 to December 22, 2004 and from June 1, 2005 to August 31, 2005 due to his fault in creating the debt. The Board found that recovery would not result in undue hardship.

The Veteran seeks service connection for a skin condition, which he claims is lupus. The Board has determined that further development is needed to determine the nature and etiology of his current skin condition.

The Veteran's daughter is not entitled to Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because the courses she took were conducted via independent study at a foreign university.

The Veteran is granted a waiver of overpayment in the amount of $11,684.13 due to his status as a fugitive felon during the period from April 2008 to May 2009.

The Veteran's appeal is being remanded due to a failure of due process in notifying his representative (DAV) of the scheduled hearing. The case will be scheduled for a Board videoconference hearing at the earliest available opportunity.

The Veteran's claims for service connection for colon cancer and myasthenia gravis are being remanded due to the unavailability of his service records, need for additional examination related to Agent Orange exposure, and need for additional SSA disability benefits information.

The Veteran died from intracranial hemorrhage, cerebrovascular accident, and dementia. The death was not due to a service-connected disability or related to her active military service. Therefore, the criteria for burial benefits have not been met.

The Veteran's psychosis was rated at 50 percent from March 13, 2003 to February 23, 2009. The Board found that his symptoms were similar to those contemplated by the currently assigned 50 percent rating.

The Veteran's daughter has been denied payment or reimbursement for unauthorized medical expenses incurred by the Veteran on September 1 and September 2, 2010.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the case as a result.

The Veteran's on-the-job training at U.S. Customs and Border Protection from October 1, 2011 to October 1, 2013 is not eligible for educational assistance benefits under the Post 9/11 GI Bill due to the customarily required period of training being longer than two years.

The Veteran is ineligible for educational assistance benefits under Chapter 33 due to not meeting the required active duty service after September 10, 2001.

The Board has granted an earlier effective date of April 1, 1997 for the grant of service connection for a cognitive disorder with cerebral and cerebellar atrophy. The issue of an effective date prior to September 24, 2003 for DEA under 38 U.S.C.A. Chapter 35 is being remanded.