Other conditions decisions — 2014

The VA has determined that the appellant's claimed foot condition, diagnosed as dyshidrosis, is not related to his service and thus denied his claim for service connection.

The Veteran's claim for service connection for Chronic Myelogenous Leukemia (CML) due to presumed exposure to Agent Orange during his military service has been denied. The Board found that CML is not one of the enumerated diseases associated with herbicide exposure, and thus cannot be presumed based on in-service exposure to Agent Orange.

The Veteran's service-connected residuals of fracture L-1 resulted in pain and fatigue, but did not meet the criteria for a higher rating as his range of motion was within normal limits and he did not have incapacitating episodes or objective neurologic abnormalities.

The Board finds that the Veteran does not have a current diagnosis of a left hip disorder and thus cannot establish service connection for this condition.

The Board has determined that the Veteran is not competent to manage his own funds without limitation and therefore, denies his claim for direct receipt of VA compensation benefits.

The Board has remanded the case due to the need for a VA examination and further development of the record regarding the Veteran's claim for service connection for a left elbow disability.

The Board found that the correct amount of $232.80 was withheld from VA compensation payment for drill pay in fiscal year 2008, and thus granted the Veteran's claim.

The Board found that the Veteran's death was not caused by or related to his military service, including exposure to herbicides. The cause of death listed on his death certificate was obstructive pneumonia, which led to metastatic carcinoma in the thoracic spine and lung cancer.

The Veteran's claim for special monthly pension based on the need for aid and attendance was received by VA on March 26, 2008. The appellant argues that he should be entitled to an earlier effective date due to his mother's previous contact with a local Veterans office in June 2006. However, the Board finds no legal basis for assigning an effective date earlier than March 26, 2008.

The Board has remanded the case due to the need for a medical opinion regarding the etiology of the Veteran's cause of death, which includes esophageal and pancreatic cancers.

The Veteran is entitled to the higher 60 percent rate for his REAP benefits payments due to sufficient continuous active service.

The Veteran's appeal for restoration of a 40 percent disability rating for his thoracolumbar spine disability from September 1, 2010 was granted. The reduction in the disability rating was improper due to inadequate evidence at the time of the reduction.

The Veteran's surviving spouse was granted an aid and attendance allowance, but the funds were withheld due to competency issues. The appellant failed to file a claim for accrued benefits within one year of the surviving spouse's death.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of earlier effective date claims on the basis other than CUE.

The Veteran's service-connected hyperpigmentation has been rated at 30 percent since July 18, 2005. The RO is instructed to schedule the Veteran for a VA examination and review his medical records to determine if his condition warrants an increased rating.

The Veteran's appeal is being remanded due to failure to report for a scheduled hearing. The case will be returned to the Board after the requested Travel Board hearing.

The Veteran's claim for waiver of recovery of an overpayment of VA compensation benefits in the amount of $6,335.43 was denied as there was no fraud, misrepresentation or bad faith on his part with respect to the creation of the overpayment at issue and recovery would not be against equity and good conscience.

The Veteran's claim for payment/reimbursement of unauthorized medical expenses incurred on March 21, 2009 was granted as the criteria under 38 U.S.C.A. § 1728 were met.

The Board found that the Veteran did not make an irrevocable election for education benefits under the Post-9/11 GI Bill program in lieu of benefits under the MGIB program, thus denying the claim.

The Board has determined that the appellant's complete military personnel file must be obtained to determine her eligibility for VA educational assistance benefits under Chapter 1606, Title 10 of the United States Code. The case is REMANDED for this purpose.