Other conditions decisions — 2014

The Veteran's nonservice-connected pension benefits were terminated effective February 1, 2007 due to excessive countable income. The AOJ is instructed to gather additional information from the Veteran regarding his income and medical expenses.

The Veteran's pancreatitis was rated at 30 percent prior to October 2, 2007 and at 60 percent from November 1, 2007. The Board found that the criteria for a 60 percent rating were met.

The Board found that the Veteran's death was not caused by service-connected conditions, and specifically ruled out lung cancer as a cause of death. The cancer originated in his pyriform sinus and spread to other areas.

The Veteran's active duty service at the United States Military Academy does not qualify for educational assistance under Chapter 33, Title 38, United States Code due to a lack of qualifying 'active duty' after September 10, 2001. The Board finds that the Veteran is not eligible for this benefit.

The Veteran's unauthorized medical services provided by Putnam Community Hospital on July 25, 2012 were covered in part by Medicare. Therefore, the claim for reimbursement or payment is denied.

The Veteran's PCT was not incurred in active duty, nor is it presumed to have been the result of his exposure to dioxin-based chemical herbicides during active duty.

The Board has granted an increased disability rating of 20 percent for the Veteran's service-connected left ring finger injury, which is the maximum schedular disability rating possible.

The Veteran's appeal has been dismissed due to the death of the claimant during the pendency of the appeal.

The Board has remanded the Veteran's claim of entitlement to service connection for a right hip disorder due to inadequate development and consideration. The case is now pending with the RO.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination and a videoconference hearing.

The Veteran's Crohn's disease is manifested by a serious complication, namely stricture in his colon. The Board finds that the criteria for a 100 percent evaluation have been met.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess his upper respiratory condition and PFB. The issues of service connection and rating will be reconsidered in light of the additional evidence.

The Board denied the Veteran's claims for service connection for an eye disability and loss of teeth due to gum disease. The Board found that there was no evidence linking current eye disorder or dental condition to service.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits, during the period from June 1, 2003 to December 1, 2007. The decision found that the creation of the overpayment was valid and that there was no bad faith or fraud on the part of the Veteran. However, the Board concluded that recovery would not be against equity and good conscience due to the fault of the Veteran in failing to report his SSA disability benefits.

The Board has determined that the Veteran does not have a current heart disability and therefore cannot establish service connection for his claimed condition.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has reopened the claim of service connection for Bell's palsy (claimed as facial paralysis) due to new and material evidence submitted since the April 2003 rating decision. The Veteran's current diagnosis is Bell's palsy, which existed prior to his active duty service from March 1980 to January 1981. There is no clear and unmistakable evidence that Bell's palsy was aggravated by service or related to any period of ACDUTRA. As a result, the claim for service connection is granted.

The Board has determined that the appellant is not eligible for Chapter 1606 educational assistance benefits due to his discharge from the Reserve in March 1996, which was more than ten years after he applied.

The Board has determined that the Veteran's spondylolysis and spondylolisthesis at L5-S1 were aggravated during active military service, granting service connection for these conditions.

The Veteran's claim for an increased evaluation and earlier effective date for his service-connected right knee degenerative joint disease was denied. The Board found that the current 10% rating is appropriate, but granted a separate 10% evaluation for painful motion. The appeal regarding the effective date of service connection for the right knee condition was also denied.