Other conditions decisions — 2014

The Veteran's overpayment of VA educational assistance benefits in the amount of $4,200.05 is waived due to circumstances indicating undue hardship and against equity and good conscience.

The Veteran's stepdaughter was not granted an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits beyond January 24, 2010 due to various reasons including her failure to suspend pursuit of education programs and lack of active duty or National Guard service.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) under Title 38, United States Code, Chapter 35 because she was over the age of 26 on the effective date of the Veteran's permanent total disability rating.

The Board denied the Veteran's appeal, finding that his election for Post-9/11 GI Bill benefits was irrevocable and thus cannot be rescinded.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because she reached her 26th birthday before the effective date of basic eligibility.

The case is being remanded due to the need for additional documentation and a paid and due audit. The Veteran's claim will be reconsidered after these actions.

The Veteran's 100% disability rating and basic eligibility for Dependents' Educational Assistance (DEA) benefits were awarded in February 2009 with an effective date of August 8, 2003. The appellant's application was received by VA on August 9, 2010, which is not within the one-year time limit from the initial rating decision for retroactive DEA benefits.

The Board has remanded the case due to insufficient evidence regarding the applicable theories of service connection and further development is needed.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has determined that the Appellant is not the surviving spouse of the Veteran and therefore, she is not entitled to restoration of DIC benefits.

The Veteran's annual family income exceeded the maximum annual income limit for receipt of nonservice-connected pension benefits, thus denying his claim.

The Board has granted service connection for recurrent cysts and lipomas, finding that the current skin disorder is related to service.

The Board has determined that the Veteran's Von Willebrand's disease was incurred in active service, as it manifested during service and is not a congenital defect.

The Veteran's mood disorder was related to his active service, and the Board granted service connection for this condition. The issues of hearing loss and tinnitus are pending further development.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of any diagnosed bilateral foot disorder. The case will be readjudicated after this additional development.

The appellant is not eligible for death pension benefits due to excessive income, which exceeds the statutory limits set by law.

The Board has determined that a new examination and opinion are needed to address the Veteran's claims for service connection due to conflicting statements regarding his current disability status.

The Board has reopened the claim of service connection for the cause of the Veteran's death, but further development is needed to determine if there was a congenital heart defect that existed prior to service and whether it was aggravated by service. The case is being remanded for a VA medical opinion.

The Board found no evidence that the Veteran's glomerulonephritis was incurred in service or due to herbicide exposure. The condition is not presumed for Vietnam veterans, and there is no indication of a nexus between the condition and diabetes mellitus.

The appeal for MGIB education benefits has been dismissed as the appellant withdrew their appeal.