Other conditions decisions — 2014

The Veteran's appeal is remanded due to the need for a personal hearing before a Veterans Law Judge seated at the RO.

The Board found that the overpayment of $2871.54 was properly created due to the Veteran's status as a fugitive felon from July 12, 2004 to February 10, 2007 and granted a partial waiver of this debt.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a VA examination to determine the nature and etiology of any current residuals of a right ankle injury and current residuals of an injury to the toes of both feet.

The Veteran's claim for service connection for residuals of a distal right middle finger fracture was received on January 12, 2010. The effective date cannot be earlier than the date his claim was received as there is no evidence that he filed an earlier claim or that entitlement arose prior to this date.

The Board has ordered a remand to determine if the Veteran's widow was owed unpaid VA death pension benefits at her time of death and whether these should be used to reimburse the appellant for burial expenses.

The Veteran's service-connected status-post fracture of the fourth metacarpal of his right hand has not been shown to meet or approximate the criteria for a compensable evaluation.

The Veteran's claim for reimbursement of the cost of his AAAE Certified Member test taken on November 14, 2009 was denied by the VA because it was received more than one year after the test date.

The Veteran's service did not occur during a period of war, thus he does not meet the basic eligibility requirements for nonservice-connected disability pension.

The Board found that the overpayment of $3000 was properly created and denied the waiver of recovery, citing fault on both the appellant's part for requesting benefits he was not entitled to, and VA's fault in erroneously awarding him the benefits.

The Board denied the Veteran's claim for basic eligibility for educational assistance under Chapter 30 (Montgomery GI Bill or MGIB) because his service did not meet the required criteria of three continuous years of honorable active duty, and he was discharged due to misconduct. The appeal is dismissed as a matter of law.

The Board is remanding the case to ensure all information related to the Veteran's claim for VA education benefits, including a copy of the April 12, 2004 letter from the RO, is associated with the claims file.

The Veteran withdrew his appeal regarding the issue of service connection for benign prostatic hypertrophy prior to a decision being made.

The Veteran's residuals of fractured left ulna and radius are rated at 20 percent, but the Board finds that this rating is not warranted based on the evidence provided.

The Veteran's breast cancer was not shown to have manifested during service or within a year of separation, and the Board finds that her claim for service connection is denied.

The Board found that the Veteran's right hip disorder does not warrant a rating higher than 10 percent, as his range of motion and functional impairment do not meet the criteria for a higher evaluation.

The Veteran's vascular disease of the right and left lower extremities was not manifested by claudication on walking between 25 and 100 yards on a level grade at 2 miles per hour or an ABI of 0.7 or less prior to February 16, 2012.

The Board denied the Veteran's claims for service connection for Barrett's esophagus and a respiratory disorder, finding that there was no evidence to support these conditions began during or were caused by his military service.

The Board denied the appellant's claim for nonservice-connected pension due to a valid felony warrant for his arrest during the period from April 1, 2007, to September 17, 2009.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a causal relationship between his service-connected disability and his death.

The Veteran's claimed dental disability, periodontitis, is not service-connected for compensation purposes due to the absence of evidence showing an in-service injury or disease resulting in this condition.