Other conditions decisions — 2015

The Veteran's VA compensation payments were reduced to a 10 percent rate due to incarceration for a felony conviction, and an overpayment of $476.00 was created and assessed against him.

The Veteran asserts that he developed mononeuritis multicomplex during or within a year after service. The VA examiner will determine if the current condition is related to his service-connected diabetes mellitus and whether it was aggravated by this condition.

The Veteran's stepdaughter does not qualify for additional disability compensation benefits as she is not the Veteran's child.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for blood clots, which is now granted as secondary to his service-connected status post splenectomy.

The Veteran's claims for service connection for a dental condition and TMJ disorder were denied. The claim for an initial evaluation in excess of 10 percent for bilateral pes planus with bilateral posterior tibial tendonitis prior to April 29, 2014 was also denied.

The Veteran's chronic onychomycosis of the toenails is rated as noncompensable, as it does not affect more than 5 percent of his total body or exposed areas and no intermittent systemic therapy such as corticosteroids or immunosuppressive drugs are required.

The Veteran's claim for a higher initial rating for ischemic cardiomyopathy was granted, with the effective date being January 12, 1998. The Veteran previously received a 60 percent evaluation prior to this date.

The Board has determined that the claims for compensation under 38 U.S.C. § 1151 and a permanent and total disability evaluation due to service-connected disabilities are inextricably intertwined with the above claim, and therefore must be deferred pending resolution of the claim for entitlement to compensation under 38 U.S.C. § 1151 for nerve damage of the right upper extremity.

The Veteran died in November 2010 due to cardiac tamponade, dissection and rupture of the interpericardial sac, intimal tear of the ascending aorta, and systemic atherosclerosis. The death was not caused by any service-connected disability.

The Veteran's appeal has been dismissed due to his death.

The Veteran's claim for a higher rate of educational assistance under the Post-9/11 GI Bill was denied as he did not meet the legal requirements for such benefits, specifically due to his discharge from active duty not being due to a service-connected disability.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death, but the case is REMANDED to obtain a VA medical opinion regarding the etiology of the Veteran's cause of death.

The appellant is not recognized as the Veteran's surviving spouse for VA death benefits because they were divorced at the time of the Veteran's death.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim for revocation of forfeiture of VA benefits, thus denying her request.

The Veteran's schizoaffective disorder was diagnosed during service and the Board finds that it manifested in service, granting service connection.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the nature and extent of his service-connected gunshot wound residuals of the left thigh, as well as any associated neurological manifestations, leg length discrepancy, disabilities of the left hip, left knee, left ankle, and/or left foot to include arthritis, and residual scars.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The home loan benefits claim remains pending.

The Board has decided to remand the case for further development, including an examination of the Veteran's coccygodynia and a determination on whether he underwent surgery in service.

The Board denied the Veteran's request for a waiver of overpayment of VA pension benefits, finding that recovery would not be contrary to principles of equity and good conscience.

The Board finds that the effective date of an award for additional compensation benefits for the Veteran's spouse cannot be earlier than February 1, 2010, as it is based on a one-year prior to the date of receipt of the Veteran's claim in January 2011. The preponderance of evidence supports denying this claim.