Other conditions decisions — 2014

The Board denied the Veteran's request for an earlier effective date of May 1, 2009 for the payment of additional compensation for her daughter P.P. as a school child due to lack of notification and paperwork from the Veteran.

The Board denied the Veteran's request for a waiver of overpayment in the amount of $6,400.60 due to an outstanding felony warrant issued from August 25, 2006, to August 4, 2009. The decision found that recovery would not be against equity and good conscience as it was incurred at the fault of the Veteran.

The Veteran's service-connected left salpingo-oopherectomy due to an ovarian cyst has been manifested by removal of the left ovary and complaints of pain and hot flashes; continuous treatment has not been required. The criteria for a compensable rating have not been met.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current right foot stress fracture disorder is related to active duty service, and thus grants the claim for service connection.

The Board has determined that the appellant became permanently incapable of self-support prior to her 18th birthday, and thus is eligible for DIC benefits.

The Veteran's pelvic adhesions are manifested by pain, requiring continuous treatment. The Board has remanded the case for further development including a VA examination and adjudication of TDIU.

The Veteran's request for a waiver of recovery of an overpayment for VA educational benefits totaling $3,000 is denied as untimely and does not warrant an extension.

The Board denied the Veteran's request for a waiver of his $3,000 overpayment of VA education benefits. The decision found that repayment would not cause undue hardship and did not defeat the purpose of the benefits.

The appellant is seeking to have the VA rate for the month of his father's death awarded as an accrued benefit. The case is being remanded due to a VLJ who conducted the hearing no longer working at the Board.

The Veteran's appeal is being remanded for additional development, including a VA genitourinary examination to assess the current severity of his prostatitis with right epididymitis. The AMC should also consider the assignment of an extra-schedular evaluation.

The Veteran's request for a waiver of overpayment of VA benefits in the amount of $3,000.00 was timely filed and has been granted.

The Veteran's active duty service, including his entry level and skill training from June 2003 to October 2003, qualifies for Post-9/11 GI Bill educational benefits at the 90% rate.

The Veteran's claim for service connection for peripheral artery disease, as secondary to his service-connected diabetes mellitus, is being remanded due to the need for additional development and examination.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill is denied as he is only eligible for 7 months and 22 days of benefits due to his unused entitlement under Chapter 30.

The Veteran is granted payment of $52 for the period from June to July 2010 under the Post 9/11 GI Bill, but denied additional payments beyond $207.00 for this period and denied payment in excess of $298.00 for the period from September to October 2010.

The Veteran withdrew his appeal for reimbursement of unauthorized medical expenses incurred on September 19, 2010, at Chino Valley Medical Center.

The Board has remanded the case due to a hearing request not being scheduled. The Veteran's claim for service connection of a skin disease remains pending.

The Board denied the appellant's claim for payment of unauthorized medical expenses incurred by the Veteran on February 20, 2011, at a private medical facility due to the Veteran's coverage under Medicare.

The Veteran's claim for a TDIU due to service-connected disabilities has been granted, effective as of February 5, 2013. The appeal is dismissed as moot because the issue has already been resolved.

The Board has determined that there is no evidence of postoperative recurrence of inguinal hernias on either side, and thus the Veteran does not meet the criteria for a compensable rating under VA's disability evaluation schedule.