Other conditions decisions — 2014

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C.A. Chapter 35, finding that her eligibility period had expired on May 21, 2011, and an extension was not warranted.

The Veteran's claim for waiver of recovery of an overpayment of VA education benefits in the amount of $3,000 was denied because his request was not received within the required 180-day period following notification of the overpayment.

The case is being remanded to the RO for further development and readjudication, including consideration of whether referral for an extraschedular rating is warranted.

The Veteran's application for VA educational assistance benefits was denied because he is not eligible to receive such benefits due to his commission as an officer after graduating from a United States Military Academy.

The Board finds that the Veteran's net worth constitutes a bar to nonservice-connected pension benefits paid with special monthly pension benefits (aid and attendance), and thus denies the claim.

The Board has determined that additional development is necessary to determine if the Veteran's emergency department treatment was for a condition of such severity that it required immediate medical attention, and whether VA or other Federal facilities were not feasibly available.

The Board has determined that additional development is necessary before a decision can be rendered in this case, including obtaining an opinion from a VA oncologist or gastroenterologist regarding the etiology of the Veteran's esophageal cancer and whether it was related to his military service, specifically exposure to Agent Orange.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses arising from private ambulance transportation and medical services provided from November 23, 2010, to November 29, 2010 is denied as he does not meet the eligibility criteria under VA regulations.

The Veteran's claim for a higher initial rating in excess of 10 percent for vitiligo is denied as the current rating already represents the maximum schedular evaluation available under Diagnostic Code 7823.

The Veteran's household income for 2008 exceeded the income threshold required for treatment in VA healthcare system without a co-payment requirement, resulting in denial of his claim.

The Board has determined that the Veteran's current varicose veins were not incurred in or as a result of service, and therefore denied his claim for service connection.

The Veteran's residuals of left Achilles tendon repair have been characterized by limitation of left ankle motion, including 5 degrees of dorsiflexion and plantar flexion. The disability is rated at the highest evaluation provided under Diagnostic Code 5311.

The Veteran's prostate disability, including prostatitis and BPH, is not service-connected as it developed after separation from service and is considered age-related. The claim cannot be granted on a presumptive basis due to lack of exposure to herbicides in Vietnam.

The Veteran's reported syncope is not related to his active service and is not proximately due to or the result of a service-connected disability. Therefore, he does not meet the criteria for service connection.

The Board has reopened the Veteran's claim for service connection for right arm numbness, as new and material evidence was received. However, there is no current disability of nerve damage that can be attributed to her right arm numbness.

The Board has remanded the case for additional development and readjudication, including obtaining outstanding VA treatment records and determining if the Veteran's TDIU claim should be referred to the Director of VA Compensation and Pension for extraschedular consideration.

The Board found that the Veteran's right eye disorder was not incurred in or aggravated by service, and denied his claim for service connection.

The Veteran's appeal is being remanded due to an error in calculating the amount of overpayment and recoupment, as his monthly compensation benefits have increased since 2004 but were not adjusted accordingly. The VA needs to conduct a new audit to accurately calculate the overpayment and recoupment.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum to a previous opinion regarding whether PTSD aggravated chronic ulcerative colitis.