Other conditions decisions — 2014

The Board has remanded the case for further development, including obtaining service treatment records and scheduling a VA examination. The Veteran's claim of entitlement to service connection for an otitis infection with Eustachian tube dysfunction is now pending.

The Veteran's hammertoes of the left foot were granted a noncompensable disability rating prior to January 30, 2012, and a compensable disability rating after that date.,The Veteran's HIV-related illness was granted a 30 percent disability rating effective May 14, 2013.

The Veteran's claim for service connection for a heart murmur is being remanded due to the need for additional development, including an addendum VA examination and opinion.

The appellant is legally ineligible for a one-time payment from the FVEC Fund due to lack of verified service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran seeks service connection for a cardiovascular disability, which he claims is due to exposure to Agent Orange. The Board has requested additional information and development regarding the Veteran's alleged trips into Vietnam while serving on the USS ORISKANY.

The Veteran died from nonservice-connected causes and was buried in a private cemetery. The appellant's claim for burial benefits is denied as it was not filed within the two-year time limit after the Veteran's burial.

The Veteran is seeking service connection for his current back injury residuals, which he claims had its onset during service. The VA has been unable to obtain the Veteran's service treatment records due to their destruction. The case is being remanded to determine if the Veteran currently has back injury residuals and to provide a medical opinion regarding the etiology of any such residuals.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of new evidence. The issues on appeal are related to his service-connected left thumb disability and right testicular disability.

The Board found that the Appellant's character of service was dishonorable due to prolonged absence without official leave (AWOL), and thus, his VA benefits payments were terminated as a matter of law.

The Veteran's claim for nonservice-connected pension, including special monthly pension based on the need for aid and attendance of another person, is denied as he did not serve in a period of war or during the legally recognized Vietnam era. As a result, he does not meet the threshold eligibility requirement for such benefits.

The Veteran's claim for a benefit level greater than 70 percent for education benefits under the Post-9/11 GI Bill was denied as he did not have at least 24 months of creditable service, resulting in a maximum benefit level of 70 percent.

The appeal is being remanded due to the appellant's request for a rescheduled hearing. The Board will schedule a videoconference hearing at the RO in Indianapolis, Indiana.

The appellant is granted an extension of her delimiting date for Dependents' Educational Assistance (DEA) benefits due to a physical disability preventing her from pursuing education from May 2003 to July 2007.

The Board has determined that a remand is necessary in order to obtain additional medical opinions regarding the Veteran's service connection claims and increased rating claims for scars. The Veteran will be scheduled for VA examinations to address these issues.

The Veteran's claim for service connection for non-Hodgkin's lymphoma, T-cell lymphoma was granted in a March 2010 rating decision with an effective date of October 27, 2009. The Board found that the earliest possible effective date is October 27, 2009, as this is the date the Veteran's original claim for service connection was received by VA.

The Board has determined that the appellant's character of discharge is a bar to VA benefits due to willful and persistent misconduct, but not insanity. The claim must be denied as there is no legal entitlement to the requested benefits.

The Veteran's TDIU claim is being remanded for a new VA examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's claim for an initial compensable evaluation for myoclonus (claimed as restless leg syndrome) is being remanded due to the need for additional medical examination and development.

The Board denied the Veteran's claims for service connection for left and right shin splints, finding no current disability.

The Veteran's claim for a waiver of an overpayment of $3,000 in VA education benefits was granted by the Board as it would be against equity and good conscience to recover this amount.