Other conditions decisions — 2014

The Veteran's appeal is denied as the effective date for additional compensation for a dependent spouse cannot be earlier than February 1, 2009 due to various procedural and legal requirements.

The Veteran's overpayment of $2,479.53 was created due to his failure to promptly and correctly report his incarceration, which contributed to the creation of the debt. The Board finds that while the Veteran is at fault for not informing VA about his incarceration, there was no fault on the part of VA in creating the overpayment. As a result, the claim for waiver of recovery of this overpayment is granted.

The Veteran's claim for service connection for a dental disability, which is secondary to diabetes mellitus, has been remanded due to the need for additional private and VA treatment records.

The appeal has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has reopened the Veteran's claim for service connection for bilateral foot disability due to new and material evidence. The skin condition claim is being withdrawn by the Veteran.

The Veteran's laceration of left thumb extensors has been rated at a 10 percent disability level for the entire period on appeal, considering his symptoms including pain and functional impairment.

The Veteran's appeal for additional educational assistance under the Post-9/11 GI Bill is denied as he has already received 36 months of benefits, leaving only 12 months and 0 days remaining.

The Veteran's basic eligibility for nonservice-connected VA pension benefits is established based on his service in Iraq and receipt of Social Security disability benefits.

The Veteran's claim for VA educational assistance benefits was denied as he did not meet the eligibility criteria under any of the applicable VA education programs.

The Veteran withdrew their appeal, resulting in the dismissal of the case.

The Veteran's request for an extension of the delimiting date for his Chapter 30 MGIB benefits beyond October 21, 2010 was denied as he did not fall within any exceptions to the controlling legal criteria.

The Veteran did not meet eligibility criteria for DEA benefits as he was in receipt of a VA pension for nonservice-connected disabilities and the appellant is not eligible to receive educational assistance benefits under Chapter 35.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for refractive error of the eyes, as the Veteran's condition is considered a congenital defect rather than an injury or disease incurred in service.

The Veteran's service-connected cervical spine osteoarthritis is currently rated at 30 percent, but the Board finds that this rating does not adequately reflect the severity of his disability. The evidence shows limited motion without ankylosis.

The Board denied the veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service.

The Veteran's death occurred before the enactment of the American Recovery and Reinvestment Act, making him ineligible for a one-time payment from the FVEC Fund. The appellant is therefore denied.

The Veteran's request for reimbursement of unauthorized medical expenses at South Georgia Medical Center on February 11, 2011 is being remanded due to the need for a videoconference hearing.

The Board has determined that the Veteran made an irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill (MGIB) program. As such, the appeal is denied.

The Board denied the appellant's claim for retroactive payments of Chapter 35 educational benefits prior to September 13, 2009 due to lack of legal basis.

The Veteran's aortic stenosis did not meet the criteria for a higher evaluation prior to November 15, 2006 and from June 1, 2007.