Other conditions decisions — 2014

The Veteran's claim for vocational rehabilitation services has been denied based on a finding that he has overcome the effects of his impairment of employability through employment in an occupation consistent with his abilities, aptitudes, and interests. The Board finds additional evidence is needed to determine if this conclusion still holds.

The Board has remanded the case for a detailed accounting of the overpayment and how it was calculated, as well as to provide the Veteran with an opportunity to respond.

The Board denied the Veteran's claim for an extension of his delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill), finding that he did not meet the legal requirements and thus denying the claim.

The Veteran was found to be permanently and totally disabled due to service-connected disability in October 2003. The appellant, who is a child of the Veteran, applied for Chapter 35 DEA benefits but did not elect an effective date within 60 days of notification. As a result, the appropriate effective date is October 31, 2003. The appellant's claim is denied as he does not qualify for additional years beyond his initial eligibility period.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (MGIB) beyond February 1, 2010 is denied as a matter of law because he did not meet the criteria for such an extension.

The Board denied the appellant's claim for an extension of the delimiting date period for DEA benefits beyond December 8, 2000, finding that her eligibility period had already expired and no extension was warranted.

The appellant is not eligible for Chapter 35 dependent's educational assistance because she reached her 26th birthday before the effective date of the Veteran's permanent and total disability rating.

The Board has determined that the overpayment was solely due to VA administrative error and granted a waiver of recovery for $4,119.61 in educational benefits.

The Veteran's claim for an additional 12 months of benefits under the Post-9/11 GI Bill is denied as he has already used up his entitlement under Chapter 30 and cannot exceed a total of 36 months of combined educational benefits.

The Board has remanded the claims for additional development and consideration, including a supplemental opinion regarding the right leg condition. The TDIU claim is also inextricably intertwined with the pending claims.

The Board denied the appellant's request for a waiver of recovery of an overpayment in the amount of $4,499 due to her failure to file a timely request within 180 days after notification and because she did not file a notice of disagreement within one year of the September 29, 2005 letter.

The Veteran's death was caused by service-connected leukemia, which was determined to be permanent and total at the time of his death. The appellant is therefore eligible for a 20-year period of DEA benefits starting from September 19, 1994.

The Board has determined that the Veteran's current gastrointestinal disorder, specifically ulcerative colitis and/or residuals of amebiasis, is not related to his period of active military service. The evidence does not support a finding that the disability had its origin during or was aggravated by service.

The Board has remanded the case for an initial determination by the NCA regarding whether JSA is an eligible individual for purposes of obtaining a memorial headstone or marker. The appeal will be returned to the Board after this determination.

The Veteran does not have a diagnosed chronic disability associated with heat exhaustion, and the Board finds that service connection for residuals of heat exhaustion is not warranted.

The Board has ordered a remand due to the inadequacy of the March 2012 VA examination and the need for updated medical records. The Veteran's claim for service connection for sleep disorder, including narcolepsy, is being returned to the RO for further development.

The Veteran's service connection claim for costochondritis is granted. The claim for arthritis of the chest remains denied as there is no current evidence of such condition.

The Veteran is receiving the maximum amount for nonservice-connected pension benefits payable with one dependent and aid and attendance, based on zero income. The claim for increased nonservice-connected pension benefits is denied.

The Board has determined that the Veteran's remains have not been recovered or identified, and therefore grants entitlement to a Government-furnished headstone or grave marker.

The Board has remanded the case due to insufficient information regarding the appellant's six years of Select Reserve service. The VA will seek verification from appropriate federal agencies.