Other conditions decisions — 2015

The Veteran's claim for Post-9/11 GI Bill benefits was denied because his entire active service period from August 2007 to October 2009 was subject to the education loan repayment program (LRP) under 10 U.S.C.A. Chapter 109, and therefore cannot be counted as a period of service for eligibility under the Post-9/11 GI Bill.

The Board has ordered the VA to obtain the Veteran's Reserve service treatment records and secure updated clinical records for her skin disability. The case will be returned to the Board after these actions are completed.

The Veteran's current eye disorder is not related to his service, including presumed exposure to herbicides in Vietnam. The Board finds that the evidence does not support a finding of service connection for an eye disorder.

The Veteran's adjustment disorder with depressive symptoms resulted in occupational and social impairment, meeting the criteria for a 70 percent evaluation.

The Veteran's spouse was granted additional compensation for a dependent spouse, for accrued benefits purposes due to the submission of all necessary information regarding her prior marriage.

The Veteran's skin cancer and right knee disability are being remanded for additional development, including obtaining medical records from SSA and VA. The examiner is asked to provide an opinion on whether the Veteran's skin conditions are related to herbicide exposure in Vietnam.

The Board denied the Veteran's claim for waiver of recovery of advance Chapter 30 education benefits in the amount of $3,000 due to lack of fault on his part and no undue hardship resulting from repayment.

The Veteran does not have a currently diagnosed eye disability that was caused by his service. The Board finds the preponderance of evidence against the claim.

The Veteran's squamous cell carcinoma on the base of the tongue is granted service connection due to herbicide exposure. The Veteran's osteoradionecrosis is also granted service connection as it is related to his service-connected squamous cell carcinoma.

The Board found that the appellant did not continuously cohabitate with the Veteran for over a year prior to his death, and therefore, she is not recognized as the surviving spouse for any benefits administered by VA.

The Board has determined that additional development is necessary regarding the appellant's waiver request due to disputes about the validity of her overpayment. The case is REMANDED for an audit and adjudication of whether the overpayment was properly created.

The Board finds that the Veteran's MDS is related to his in-service herbicide exposure, and grants service connection for this condition.

The veteran's service does not meet the threshold service eligibility requirements for special monthly pension (SMP) based on the need for regular aid and attendance.

The Veteran's chronic upper respiratory tract infection was found to be service-connected based on new and material evidence.

The Veteran's service connection claim for dry eye syndrome as a residual of PRK surgery is granted. The issue regarding an eye condition other than iritis or dry eye syndrome remains pending.

The Veteran's pain disorder, including as due to a rib contusion, is granted service connection.

The VA determined that the Veteran's sterility is not due to service or service-connected epididymitis.

The appellant has withdrawn her appeal regarding the termination of her death pension benefits effective February 1, 2013 due to excess countable income. The Board does not have jurisdiction over this issue.

The case is being remanded for the appellant to provide an accounting of assets in the Surviving Grantor's Management Trust. The benefit on appeal, VA death pension benefits, will be reconsidered after this information is provided.

The Veteran's combined rating was increased to permanent and total, establishing eligibility for Dependents' Education Assistance (DEA) benefits. However, the Appellant did not enroll in school until after her 26th birthday when she became eligible, so DEA benefits are denied.