Other conditions decisions — 2014

The Veteran is granted additional compensation for his dependent spouse from June 1, 2004 through October [redacted], 2004. The effective date was determined based on the receipt of a claim by the Veteran.

The Board has found that the Veteran's request for a waiver of overpayment was timely. The case is now remanded to the Committee on Waiver and Compromises for adjudication of the claim on the merits, including the validity of the overpayment debt.

The Veteran's overpayment of non-service-connected pension benefits in the amount of $43,319 was deemed valid. However, due to intentional misrepresentation and bad faith by the Veteran during his incarceration, a waiver of recovery is automatically precluded.

The Veteran's current bilateral eye disability and cataracts are not related to his service, including a chemical burn incident in October 1969. The lung disability claim is pending as the Veteran has provided evidence of possible exposure to asbestos.

The Board has determined that the discontinuance of VA Vocational Rehabilitation and Employment benefits was not proper, and thus grants this issue. The reinstatement of vocational benefits will be addressed in a separate decision.

The Veteran's traumatic degenerative disease of the thoracic spine is currently rated at 10 percent, and does not meet the criteria for a higher rating.

The appellant is not eligible for CHAMPVA benefits from December 1, 2004, through May 31, 2009 due to her failure to enroll in Medicare Part B.

The Veteran's tinnitus was found to have its onset during service and is related to in-service acoustic trauma. The Board has granted service connection for tinnitus.

The Veteran seeks service connection for various conditions, including a lipoma of the right flank, bilateral hand disability, and prostate condition, all allegedly related to his in-service exposure to Agent Orange. The Board finds that new and material evidence has been received sufficient to reopen his claims for these conditions.

The Board has reopened the Veteran's claim of entitlement to service connection for a brain tumor and remanded it for further development. The claim is now pending again.

The Veteran's appeal is being remanded for further development to determine the validity of an overpayment and the effective dates related to spousal benefits and dependent children.

The Veteran's service-connected stenosing tenosynovitis of the left fourth finger is currently evaluated as noncompensably disabling. The VA examinations have shown no significant functional impairment or additional limitation of motion due to pain, weakness, excess fatigability, or incoordination.

The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and consideration of his claim for an increased rating for bilateral flatfoot.

The Veteran's appeal has been remanded for additional development and the claims will be reconsidered.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claim for an initial disability evaluation in excess of 30 percent for service-connected dysthymic disorder remains pending. The RO/AMC is instructed to schedule the Veteran for a VA psychiatric examination, obtain all relevant medical records, and readjudicate the claim.

The Veteran's spastic colon syndrome has been rated at 30 percent since February 28, 2011. The claim for an increased rating prior to that date remains on appeal.

The Veteran's claim for service connection for scleroderma with sclerodactyly and fatiguing due to herbicide exposure is being remanded for additional development, including obtaining medical opinions on the etiology of his condition.

The Board denied service connection for persecutory type delusional disorder with antisocial features in October 2005, which became final. The Veteran's claim to reopen was received on April 4, 2008, and the effective date of service connection is set at that time.

The Veteran's claim for educational assistance at the maximum rate under the Post-9/11 GI Bill was denied as he did not meet the legal criteria for such a high level of benefits based on his discharge from active duty due to service-connected disability.