Other conditions decisions — 2014

The Board finds that the Appellant is not eligible to be recognized as a dependent of the Veteran and therefore cannot receive VA death benefits, including DIC, pension, or accrued benefits.

The RO denied the appellant's claim for basic eligibility to receive a transfer of educational benefits under Chapter 33, United States Code due to lack of evidence that the Veteran had applied through the TEB website. The case is REMANDED for further action.

The Veteran's claim for higher education benefits under the Post-9/11 GI Bill was denied as her creditable service period did not exceed 6 months, warranting a maximum payment rate of 50 percent.

The Board has determined that new and material evidence has been received to reopen the appellant's claim of service connection for the cause of the Veteran's death. The Veteran was exposed to herbicides during his military service, which is presumed under VA regulations. However, the cancer found in the Veteran's nasopharynx with metastasis was not shown to be related to his time in Vietnam or any other service-connected condition.

The Board has remanded the case due to the need for additional VA medical records regarding treatment provided in July 1992 and September 2001.

The Board finds that the overpayment of VA compensation benefits in the amount of $48,344.00 was properly created and grants a partial waiver for $33,344.00, but denies recovery of the remainder.

The Veteran's service-connected lichen simplex chronicus was found to affect more than 5% but less than 20% of his entire body, warranting a noncompensable rating prior to November 9, 2011. As of that date, the condition is rated at 10 percent.

The Veteran's osteomyelitis of the right tibia and fibula has not been manifested by active infection or sinus drainage within the past five years, thus warranting a 30 percent rating.

The Veteran's unauthorized medical expenses incurred from May 22, 2012 to May 24, 2012 were not eligible for reimbursement under VA regulations due to lack of prior authorization and failure to meet all eligibility criteria.

The Board has granted service connection for urethral stricture disease and denied service connection for hypospadias. The Veteran's acquired psychiatric disability, including PTSD, is also service connected.

The Board found that the Veteran's cardiac disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's claims for increased evaluations for chondromalacia patella of the left knee and right ankle instability since January 26, 2013 were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 10 percent each.

The Board denied service connection for syncope, finding no current disability and insufficient evidence to establish a nexus between the Veteran's in-service collapse due to heat exposure and her current condition.

The Board has determined that the Veteran does not have HIV infection due to his service and therefore denied the claim for service connection. The issue of entitlement to TDIU remains pending.

The Board found that new and material evidence had been received to reopen the appellant's claim, but denied the claim as his character of discharge was a bar to basic eligibility for VA benefits (exclusive of health care under 38 U.S.C. Chapter 17).

The Veteran's lumbago was initially granted a 10 percent rating effective July 30, 2007. The current rating remains at 10 percent for any period since then.

The Board has determined that the Veteran's hairy cell leukemia is service-connected, and as such, his claim for secondary service connection for Guillain-Barré syndrome due to hairy cell leukemia will be remanded.

The Veteran's appeal is being remanded to reschedule his travel board hearing due to the failure of the scheduled hearing.

The Veteran's urticaria has been rated at 30 percent since November 6, 2007, based on recurrent debilitating episodes that have required intermittent systemic immunosuppressive therapy for control.

The Board found that VA's withholding of compensation pay for the period from October 20, 1972, through October 31, 2005 was improper.