Other conditions decisions — 2014

The Board found that the Veteran was not a fugitive felon within the intent of 38 C.F.R. § 3.666(e)(2)(i), and thus, his overpayment of non-service-connected pension benefits from December 27, 2001 to April 6, 2010 was properly created.

The Board has remanded the case due to insufficient medical evidence to decide whether the Veteran's glioblastoma multiforme is related to her service in Oman, including exposure to environmental hazards.

The Veteran's overpayment of VA disability compensation benefits for a dependent is waived for the period after his second marriage, as he was not unjustly enriched by receiving these benefits and recovery would defeat their purpose. The appeal is denied for the period prior to October 1, 2005.

The appellant's claim for REAP education benefits is denied as he did not serve on active duty on or after September 11, 2001.

The Veteran's permanent and total disability rating became effective on September 4, 2009. The appellant is the adult daughter of the Veteran who was found to be permanently and totally disabled prior to this effective date. As a result, she does not meet the eligibility criteria for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code.

The Veteran's scleroderma is related to his active military service, and the Board has granted service connection for this condition.

The appellant's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at her local RO.

The Veteran's basic eligibility for nonservice-connected pension benefits is established, and the appeal is granted.

The Board has found that the Veteran's current low back disability is aggravated by his service-connected left knee disability, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and arranging for an addendum VA opinion regarding the need for personal health care services.

The Board determined that the Veteran's cause of death was not related to his military service or any of his service-connected disabilities, and therefore denied the claim for service connection for the cause of death.

The Board has granted the Veteran's claim for compensation under 38 U.S.C.A. ¶ 1151 for tardive dyskinesia (TD), to include muscle spasms of the legs, neck, respiratory system and eyes.

The Veteran's appeal is remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his right foot disability. The claim will be reviewed again after this additional development.

The Veteran's claim for service connection for a bilateral eye disability, which is secondary to his service-connected diabetes mellitus, has been remanded due to inadequate examination and opinion regarding the relationship between the eye disabilities and his service-connected diabetes.

The Veteran's left elbow disability was previously rated at 20 percent for limitation of extension, but the claim remains on appeal.,Since November 20, 2013, the Veteran has been rated at 10 percent for impairment of supination. The issue is still pending.

The Board has granted the Veteran's claim for service connection for residuals of head trauma.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces during the specified periods. Therefore, the claim for entitlement to one-time payment from the FVEC Fund is denied.

The Board has determined that the Veteran's service-connected pilonidal sinus disability does not warrant a rating in excess of 10 percent, as there is no evidence of recurrent discharge or active cyst during the appeal period.

The Board has determined that the appellant's service from October 2004 to September 2007 was terminated under other than honorable conditions due to willful and persistent misconduct. As a result, he is not eligible for VA compensation benefits.

The Board has granted service connection for a dermatological disorder, diagnosed as seborrheic dermatitis. The issue of entitlement to service connection for a respiratory disorder (sleep apnea) is pending and will be addressed in the REMAND portion.