Other conditions decisions — 2014

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for coccidioidomycosis and bilateral blindness, both of which are found to be related to active military service. The Veteran's current conditions are considered direct service connections.

The Board has expanded the claim on appeal to include a respiratory disorder, specifically allergic rhinitis, and is remanding the case for additional development including obtaining VA records from Tampa and Orlando VAMCs.

The Veteran and the Appellant were divorced in May 2010. The Appellant's claim for apportionment of the Veteran's VA benefits was denied as she is not eligible for an apportionment after her divorce, which was final on May 6, 2010.

The Board denied service connection for a low back disability in July 2007 and did not receive an appeal. New evidence submitted since then does not relate to the unestablished fact necessary to substantiate the claim, as it is cumulative of previous evidence.

The Veteran's appeal is denied as he has no legal entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill).

The Board has determined that the reduction of VA death pension benefits due to countable income was proper as of August 1, 2008 and denied the appeal.

The appellant's claim for basic eligibility to VA educational assistance benefits under Chapter 30 or Chapter 33 of Title 38, United States Code is denied due to his discharge from service being a bad conduct discharge.

The Veteran's claim for service connection is being remanded due to the need for additional medical examination and development of records.

The appeal is being remanded to obtain a copy of the July 10, 2010 administrative decision on educational assistance benefits and additional service personnel records.

The Veteran's compensable rating for bilateral keratoconus is denied as his corrected vision is 20/40 or better, bilaterally.

The Board found that the Appellant was no longer eligible for Dependents Education Assistance (DEA) under Chapter 35 of the Veterans' Benefits Act on and after May 31, 2009 due to her status as a stepchild ending when she left the Veteran's household. The decision is based on the Veteran's statement that this occurred as of May 30, 2009.

The case is being returned to the RO for further examination and clarification of whether the Appellant qualifies for aid and attendance benefits, which impacts her eligibility for death pension benefits.

The Veteran's claim for an extension of the delimiting date for Montgomery GI Bill education benefits beyond February 12, 2009 was denied as she did not submit a timely request and failed to provide good cause for her untimely request.

The Board has vacated the May 8, 2008 decision and dismissed the motion for revision of that decision based on clear and unmistakable error.

The Veteran's election to receive educational assistance benefits under the Post-9/11 GI Bill in lieu of Chapter 30 (Montgomery GI Bill) was irrevocable and cannot be rescinded.

The Veteran was found to be in need of regular aid and attendance due to his severe physical incapacity, including being bedridden, unable to feed himself, incontinent, and needing assistance with daily activities. He also had a single permanent disability rated at 100% disabling.

The Board found that the Veteran did not make an irrevocable election for education benefits under the Post-9/11-GI Bill program in lieu of benefits under the MGIB program, thus denying his claim.

The Veteran's claim for payment of a licensing and certification test provided by CBIC was denied as the organization or entity offering the test has not been approved by an SAA in either Kansas (where it was located) or Wisconsin (its current location).

The Veteran's combined service-connected disability rating was 90 percent with a total disability rating due to individual unemployability (TDIU) from August 3, 2001. The appellant is eligible for Dependents' Educational Assistance (DEA) benefits based on her father's permanent and total disability rating.

The Veteran's service-connected neurosis resulted in a permanent and total disability rating effective April 15, 2008. The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits as she was over the age of 26 on the date of the permanent and total disability rating.