Other conditions decisions — 2014

The Board finds that the Veteran has no legal entitlement to Chapter 30 (MGIB) benefits in excess of 5 months and 12 days, as his combined VA education benefits are limited by statute and regulation to 48 months. The claim is denied.

The appellant's service predates September 10, 2001, and therefore he is not eligible for benefits under the Post-9/11 GI Bill.

The appellant's spouse did not perform active military service in the Armed Forces of the United States and therefore is not considered a veteran for VA death benefits purposes.

The Veteran's cause of death was esophageal cancer, which the VA examiner determined was not caused by or a result of his active service. The appellant is therefore denied entitlement to service connection for the cause of the Veteran's death and DIC under 38 U.S.C.A. § 1318.

The Veteran's cold injury residuals, including onychomycosis of the toenails and skin abnormalities of both feet, as well as arthritis of both hands, are found to be due to in-service exposure to cold weather conditions. The Board grants service connection for these conditions.

The Board denied the Veteran's request for waiver of an overpayment of nonservice-connected pension benefits, finding that repayment would not cause undue financial hardship and was against equity and good conscience.

The Board has remanded the case due to insufficient information regarding the Veteran's course load and potential overpayment. The claim will be reconsidered in conjunction with a decision on whether a waiver of recovery is warranted.

The Veteran's claim for retroactive DEA benefits prior to March 10, 2010 is denied as the appellant's original application was not received within one year of entering an education program.

The Board denied the Veteran's appeal, finding that he made an irrevocable election for Chapter 33 (Post-9/11 GI Bill) education benefits in lieu of Chapter 30 (MGIB) education benefits effective May 9, 2011.

The appellant is seeking an extension of the delimiting date for Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The Board denied her claim as she was not prevented from initiating or completing her educational program due to a physical or mental disability affecting her.

The Veteran's appeal is denied as he does not have legal entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) due to the fact that his eligibility for these benefits has already been determined and cannot be increased.

The Veteran's son seeks reimbursement for unauthorized medical expenses incurred at Butler Memorial Hospital from May 12, 2010 through May [redacted], 2010. The VA denied the claim as the appellant is not eligible for reimbursement under applicable laws and regulations due to his father having health insurance coverage through Medicare.

The Board found that the Veteran was not a fugitive felon prior to March 2007, and therefore the debt of $34,502.93 for benefits received during this period is valid. However, any portion of the debt allocable to the period from July 1, 2007 onward is also valid due to his fugitive felon status at that time. The Veteran's request for waiver of recovery of any portion of the debt was not granted.

The Board found that the Veteran's right eighth rib fracture residuals do not meet the criteria for a compensable evaluation as there is no evidence of removal or resection without regeneration.

The Veteran's claim of overpayment of spousal dependent allowance is being remanded for issuance of a Statement of the Case.

The Veteran's claim for service connection for a dental disability, to include as secondary to his service-connected sinus disability, is denied because he does not have a current compensable dental condition.

The Veteran's claims for service connection were granted for blackheads and gland problems of the face, skin disorder other than on the face and ears, and fatigue of the arms and legs. The claim for a respiratory disorder was denied due to lack of evidence linking it to herbicide or mustard gas exposure.

The Board has ordered a remand due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Veteran's appeal for a higher disability rating and TDIU was denied. The reduction from 100% to 40% for residuals of adenocarcinoma of the prostate was upheld, but the Veteran is not entitled to restoration of the 100% rating.

The Board found that the Veteran was not entitled to educational assistance benefits due to fraud, and thus the overpayment of $13,620.67 is valid.