Other conditions decisions — 2014

The Veteran's appeal was denied as he is not entitled to additional compensation based on the ZIP code area of the satellite campus in which he is enrolled.

The Veteran's appeal for education benefits under the Post-9/11 GI Bill was denied because he did not have sufficient qualifying service under Title 10 to meet the requirements for a higher percentage rating.

The Veteran's application for VA education benefits under Chapter 30 of the Montgomery GI Bill was denied as he did not meet the eligibility criteria due to his delimiting date and lack of timely request for extension.

The Board found that the Veteran was a fugitive felon for VA purposes from December 27, 2001 to February 17, 2010 and thus not eligible for VA compensation benefits during this period. The overpayment of $254,232.57 was properly created.

The Board has determined that the appellant cannot be recognized as the Veteran's surviving spouse for purposes of DIC benefits due to a final divorce decree prior to the Veteran's death, and thus is not a proper claimant.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits as she did not meet the basic eligibility requirements and her period of eligibility had expired.

The Veteran seeks service connection for spondylosis deformans and arthritis of the back. The VA examiner found no evidence that these conditions are related to his in-service injury, but additional medical records may provide a different opinion.

The Board finds that an effective date earlier than November 9, 2010, for the grant of a TDIU is not warranted as there is no evidence to substantiate the Veteran's claim that he was unable to obtain and maintain substantially gainful employment as a result of his service-connected disabilities prior to the November 9, 2010, date of claim.

The Veteran's claim for an extension of his delimiting date beyond July 20, 2011 to continue receiving education benefits under the Montgomery GI Bill (MGIB) was denied as there were no legal grounds for extending it due to personal circumstances.

The Board has remanded the case due to the need for a Financial Status Report and the opportunity for the Veteran's representative to assist in completing it. The claim will be reconsidered after this additional development.

The Board found that the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $6,067 was untimely filed and denied.

The Board denied the appellant's claim for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill (MGIB)) due to her source of commission code indicating she is not eligible for the benefit.

The Veteran's claim of entitlement to service connection for a gastrointestinal disorder is being remanded due to the need for an addendum opinion regarding whether his current condition may be related to or aggravated by his service-connected diabetes.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) was denied as he did not submit a timely application prior to his delimiting date of April 4, 2008.

The appellant is not eligible for accrued benefits as the adult nephew of the Veteran, and there is no evidence that he paid for the expenses of last sickness and burial.

The Veteran's overpayment of education benefits was created due to receiving payments for clock hours in excess of 1150, which she believed would be covered by VA. The Board found that recovery of the $4,062.00 debt would create undue financial hardship and granted a waiver.

The Board has remanded the case due to a lack of representation, and the appellant must appoint a representative before proceeding with her claim.

The Veteran's claim for reimbursement of a tablet computer used for VR&E training was denied as the item was not required by his school, did not mitigate or compensate for his disabilities while in school, and he could use his existing laptop.

The Board found that the decision declaring the Veteran rehabilitated for VR&E purposes was proper, as he had successfully completed his rehabilitation and met the goals of the program.

The Veteran's appeal is denied as he does not have legal entitlement to educational benefits under Chapter 33 (Post-9/11 GI Bill) for a non-college degree program. The issue of waiver of the recovery of advanced payment for Post-9/11 GI Bill (Chapter 33) education benefits in the calculated amount of $6261.13 is also addressed and remanded.