Other conditions decisions — 2014

The Board has remanded the case due to issues related to the character of discharge and a request to reopen a claim for service connection for cause of death. The appellant's claims are inextricably intertwined with these issues.

The Board denied the appellant's claim for nonservice-connected death pension benefits as the decedent did not have qualifying service for the purposes of such benefits.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and specifically denied service connection for the cause of his death due to lack of evidence linking mesothelioma to military service.

The Veteran's claim for an increased disability evaluation for his right inguinal hernia is being remanded due to the need for additional medical records and further review.

The Veteran seeks service connection for a skin disability, which he claims is due to herbicide exposure during his active duty in Vietnam. The case is being remanded for further development including obtaining medical records and scheduling the Veteran for an examination to determine if his current skin disabilities are related to his military service.

The Veteran's claim for service connection for hydronephrosis, which he contends is due to Agent Orange exposure in Vietnam, has been denied as there is no probative evidence showing a nexus between his current condition and his military service.

The Board finds that the overpayment of VA compensation benefits due to the removal of an additional allowance for the Veteran's spouse was not properly created, and thus grants the appeal.

The Board found that the Veteran's lower back strain is not related to service and denied his claim for service connection.

The Veteran's periodontal disease is being remanded for further consideration by VHA to determine if he meets the basic eligibility requirements for VA outpatient dental treatment.

The Board denied the request for a waiver of overpayment of educational assistance benefits, finding that recovery would not be against equity and good conscience due to the Appellant's fault in creating the overpayment.

The Board denied the appellant's claims for nonservice-connected VA pension benefits and special monthly pension based on the need for regular aid and attendance due to a lack of legal merit or entitlement under the law.

The Veteran's appeal is denied as the criteria for extending his delimiting date beyond September 25, 2008, for his eligibility under the Montgomery GI Bill (MGIB) have not been met.

The Veteran's essential tremors are found to have originated during his active service, and the Board granted service connection for this condition.

The Board found that the decedent did not have active military service and therefore could not establish eligibility for veterans' benefits. The cause of death was determined to be ALS, which the Board concluded was not caused or aggravated by any injury or disease incurred during ACDUTRA.

The Veteran's service-connected residuals status post mitral valve replacement and atrial fibrillation are rated at 30 percent each, effective the day after discharge from active service. The Board found that his heart conditions do not meet criteria for a higher rating under Diagnostic Code 7016 or Diagnostic Code 7010.

The Board denied the moving party's motion to reverse a November 2000 decision that denied her eligibility for improved death pension benefits, finding no CUE. The denial was based on VA law and regulations at the time, which did not allow for basic eligibility for death pension benefits due to the Veteran's service with recognized guerillas.

The Veteran withdrew his appeal for services under Title 38, United States Code, Chapter 31, Vocational Rehabilitation Services, Independent Living Program.

The Veteran's private medical expenses incurred from July 22, 2010 to July 24, 2010 at the Ocala Regional Medical Center were not authorized by VA and did not meet the criteria for payment or reimbursement under VA regulations.

The Veteran's claim is being remanded for the VA to obtain and associate with the record the medical records from Canton-Aultman Hospital dated in January 2007, as well as all billing records from that facility. The AOJ should specifically indicate what services were paid by VA and what services remain unpaid.

The Veteran's claim for an irrevocable election of education benefits under the Post-9/11 GI Bill program in lieu of Montgomery GI Bill program has been denied due to her assertion that her signature was forged on the application, and her ex-fiancé signed it without her consent.