Other conditions decisions — 2014

The Veteran's appeal is being remanded due to the need for further medical examination and development of records. The current rating for pseudofollicular barbae remains noncompensable.

The Board denied the Veteran's application to reopen his claim of service connection for a low back disability, finding that new and material evidence had not been submitted since the previous denial in August 2002.

The Board found that the Veteran was not a fugitive felon for VA purposes during the period from March [redacted], 2008 to July [redacted], 2008, and thus the adjustment of VA compensation benefits due to status as a fugitive felon was improper.

Since the grant of service connection until January 5, 2011, the record evidence shows that the Veteran's residuals of recurrent left ear infections were manifested by frequent episodes of chronic suppurative otitis media and cholesteatoma.,At least for the period from January 6, 2011, to July 11, 2012, the record evidence shows that the Veteran's residuals of recurrent left ear infections were manifested by dizziness, occasional staggering, and vestibular disequilibrium.

The Board has determined that the appellant did not file a timely Substantive Appeal, and thus dismissed her appeal.

The Board has remanded the case due to incomplete medical records and a need for further examination. The veteran is seeking service connection for a right foot disorder, but additional evidence is required before a decision can be made.

The Board has reopened the Veteran's claim and determined that his current right shoulder disability is related to an injury sustained during active military service, granting service connection for tendonitis and degenerative joint disease of the right shoulder.

The Veteran's widow was granted special monthly pension (SMP) for aid and attendance in November 2009, but she died before benefits were paid. The appellant, who is the son of the Veteran and the Veteran's widow, sought to be awarded the full amount of existing accrued benefits due to funeral expenses he had paid on her behalf. However, the appellant was not a qualifying child for VA purposes and thus only received reimbursement for the last expenses of the payee.

The Board denied the Veteran's claim for an earlier effective date for additional compensation for dependents, finding that there was no legal basis to assign such a date. The earliest effective date that can be assigned is August 10, 2010, when VA received the requested information regarding the Veteran's dependent spouse and children, including their social security numbers.

The Veteran's claim for an earlier effective date for the award of additional compensation for his dependent spouse H.H. was denied as there is no evidence that he received a notification about his rights to additional compensation in October 1989, and the earliest possible effective date is April 14, 2010.

The Board finds that the overpayment of $2,253.50 was not properly created and thus invalidates the debt against the Veteran.

The Veteran's claim for an increased rating for his left eye injury with orbital floor fracture and diplopia is being remanded due to the need for additional examination and testing.

The Education Center initially determined the Veteran was entitled to receive 100 percent of benefits payable for an approved program of education or training under the Post-9/11 GI Bill. However, they later reduced this to 90 percent. The case is being remanded to determine if additional periods of service qualify as active duty and affect the level of benefits.

The Veteran's claim for higher initial ratings for his service-connected thoracolumbar spine disability is being remanded for additional development, including a VA examination to assess the current severity of his condition.

The Veteran's claim for VA payment or reimbursement of private inpatient treatment from November 10 to 25, 2008 was denied as he did not have service-connected disabilities at the time and had no enrollment in the VA health care system within the required timeframe.

The Veteran's left leg peripheral thrombosis is currently rated at 30 percent, but the evidence does not show symptoms such as persistent edema with or without intermittent ulceration. The claim for a higher rating is denied.

The service-connected disabilities contributed substantially or materially in producing the Veteran's death. DIC benefits under 38 U.S.C.A. § 1318 are payable as if the cause of death were service connected.

The Veteran's claim for an allowance for his spouse higher than the spousal aid and attendance rate is denied as he was already receiving the maximum benefit provided by law.

The Board has remanded the case for additional development, including verifying the Veteran's correct mailing address and resending VCAA notice. The claim will be readjudicated after this is done.

The Board has remanded the case for scheduling a videoconference hearing before a Veterans Law Judge due to the appellant's request.