Other conditions decisions — 2015

The Veteran's chronic tonsillitis disability, manifested by hoarseness with inflammation of cords or mucous membrane, is rated at a 10 percent disability rating prior to April 6, 2007.

The Board has remanded the case due to concerns about the Veteran's competency status for VA benefits purposes. Additional evidence is needed, including recent VA treatment records and a psychiatric field examination.

The Veteran's esophageal stricture associated with allergic esophagitis resulted in severe symptoms permitting liquids only, warranting a 50% disability rating since August 20, 2013. The criteria for an 80% rating (marked impairment of general health) were not met.

The Veteran died of a myocardial infraction while in a private hospital. The claim for non-service connected burial benefits is denied as the death was not due to service-connected causes and no other criteria for payment were met.

The Board has remanded the case due to missing Social Security Administration records and the need for further development of the Veteran's claim.

The Board found that the evidence does not show a current disability of speech impairment or stutter, and there is no competent medical evidence linking any such condition to service. The appellant's claim for service connection was denied.

The Veteran's claim for service connection for squamous cell carcinoma of the right tonsil is being remanded due to a lack of VA treatment records and an opinion on whether his cancer is related to herbicide exposure during service.

The appellant is not eligible for VA DIC benefits as her remarriage occurred before December 16, 2003 and she did not file a claim prior to December 16, 2004.

The Veteran's stepchild, K.K.G., was awarded DIC benefits effective August 1, 2012. The appeal is granted with an effective date of March 1, 2008.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected gout. The case will also be reviewed to determine if separate ratings are appropriate.

The Board has determined that the appellant is entitled to an award of Chapter 33 education benefits under the Post-9/11 GI Bill for his program of commercial flight training, including beyond the academic year ending July 31, 2012.

The Veteran's skin disorder is found to be etiologically related to herbicide exposure in active service, and the claim for service connection is granted.

The Board has decided to remand the case for additional development, including obtaining records from Oklahoma Heart Hospital and providing an opinion on when the Veteran's condition stabilized during his hospitalizations.

The Veteran's request for VRAP benefits from November 7, 2012, to March 29, 2013 is being remanded due to the need for a Travel Board hearing.

The Veteran's application for educational assistance under the Post-9/11 GI Bill (Chapter 33) was granted, but he is not entitled to a Chapter 1606 kicker amount as a part of payments of Chapter 33 benefits due to his irrevocable election of Chapter 33 benefits in lieu of Chapter 1607 benefits.

The Board finds that the character of the appellant's discharge is not a bar to entitlement to VA benefits.

The Board affirms VA's decision to deny the Veteran's request for a waiver of overpayment because it was not timely filed, based on the presumption of regularity in VA operations and the Veteran's failure to provide evidence of circumstances beyond his control preventing him from receiving notifications.

The Veteran's permanent and total disability rating based on service-connected disability was effective June 21, 2005. The appellant is the step-daughter of the Veteran who reached her 26th birthday after this effective date, thus meeting the eligibility criteria for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code.

The Veteran's cause of death was due to malignant neoplasm of the gallbladder. The Board found that he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, as his service-connected disabilities (diabetes mellitus and coronary artery disease) were not rated totally disabling for at least 5 years immediately preceding death.

The Veteran has withdrawn his appeals for service connection for a bilateral foot condition and right leg disorder, citing the dismissal of these claims.