Other conditions decisions — 2014

The Board denied an earlier effective date prior to June 15, 2010 for the award of death pension benefits due to the appellant's failure to submit a Veteran's death certificate within one year after her original claim was received in August 2008. The earliest possible effective date is the date her reopened claim was received, June 15, 2010.

The Veteran requested an earlier effective date for his election to receive educational benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill. The Board found that the error was due to a misunderstanding and granted the request for an effective date of March 22, 2010.

The appeal is being remanded due to the Veteran's request for a Travel Board hearing. The case will be returned to the RO after scheduling the hearing.

The Board found no fault on the part of the Veteran in creating the overpayment, but determined that recovery would not be against equity and good conscience due to factors such as lack of undue hardship or defeat of benefit purpose.

The Veteran and his spouse were appointed as legal guardians of the appellant, but no decree of legal adoption was ever sought or obtained. The appellant is not considered a qualifying child for DEA benefits under Chapter 35 due to lack of biological, adopted, or stepchild relationship.

The Veteran's election for educational benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill is irrevocable and cannot be rescinded.

The Veteran's RLS is found to be the result of her service-connected migraine headaches, and thus granted.

The Board has determined that the Veteran's current costochondritis is not related to his military service and denied his claim for service connection.

The Veteran's service-connected insomnia is currently rated as 10 percent disabling, effective July 9, 2012. The disability causes occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress.

The Veteran's claim for an increased rating for his service-connected traumatic brain injury residuals is being remanded due to the need for a new examination and consideration of the amended rating criteria.

The Board has denied the Veteran's claims for service connection for benign prostatic hypertrophy, subclinical varicocele, and spermatocele as secondary to his service-connected epididymitis. The VA medical opinions provided do not support a finding that these conditions are related to his in-service epididymitis.

The Board found that the overpayment of $3,029.00 was properly created due to the Veteran's failure to timely notify VA of his divorce and remarriage.

The Veteran's claim for service connection for residuals of a right foot cold injury is being remanded due to the need for an updated medical opinion and consideration of new evidence.

The Board has remanded the case due to a lack of consideration of service personnel records and outstanding medical records. The appellant's claim for entitlement to service connection for the cause of the Veteran's death is being reviewed.

The Veteran's left hip disability (trochanteric bursitis) was rated at a 10% level effective July 12, 2007. Prior to this date, the disability did not meet criteria for a compensable rating under VA rating criteria.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, as determined by the VA examiner. The Board finds that his unemployability is not due to his service-connected conditions.

The Board has remanded the case due to incomplete records and the need for further medical opinions regarding the cause of death.

The Veteran's claims for service connection and increased ratings were denied. The claim of service connection for a perforated right ear drum was not reopened due to lack of new and material evidence, while other claims remained denied.

The Veteran seeks compensation for a left eye disability under the provisions of 38 U.S.C.A. § 1151 due to VA negligence resulting from eye surgery in January 1998. The Board has ordered additional development to obtain relevant medical records and provide an opinion on whether the Veteran's current condition is related to this procedure.

The Board found no evidence of a systemic disease due to herbicide or benzene exposure, and denied the Veteran's claim for service connection.