Other conditions decisions — 2015

The Board is remanding the case to obtain a medical opinion addressing whether the Veteran provided informed consent regarding the surgeries and the use of cadaver skin or mesh, as well as other issues related to his abdominal abscess.

The Board has established service connection for the Veteran's left foot disability and arthritis of the left foot, finding a continuity of symptoms since service. The rib condition was not found to be related to service.

The Veteran's tongue base squamous cell carcinoma with metastasis to the neck was not incurred or aggravated during service and is not related to herbicide exposure. Service connection for this condition is denied.

The Board found that a partial waiver of the overpayment was consistent with equity and good conscience, allowing for repayment of $1,410.00 while waiving the remaining amount.

The Veteran's claim for eligibility in the Veterans Retraining Assistance Program (VRAP) was denied as his character of discharge from service under other than honorable conditions due to misconduct, and he is already receiving VA compensation for total disability based on individual unemployability.

The Board has remanded the case due to the appellant's accredited representative not being furnished relevant documents and given an opportunity to present evidence and argument.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of $84.52 in Post-9/11 GI Bill benefits, finding that recovery was not against equity and good conscience.

The Board has determined that the Veteran did not incur additional disability as a result of his March 2005 left partial nephrectomy, and thus compensation benefits pursuant to 38 U.S.C.A. § 1151 are denied.

The Board has remanded the case due to the Appellant's request for a hearing, and the need to clarify whether she desires a hearing in Washington, D.C. or at the RO.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the Veteran's death, finding that no new and material evidence had been received.

The Board has ordered additional development to obtain medical records related to the Veteran's treatment at Tristate Cancer Center and his subtotal gastrectomy. The appeal will be remanded for these purposes.

The Board has ordered additional development due to missing rating decision. The appeal is now remanded for the RO to create a complete record and readjudicate the claim.

The Board denied the Veteran's request for an effective date prior to November 7, 2011 for the election of education benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill due to the irrevocability of the election and lack of provision for later amendment of the election date.

The Veteran's active duty service did not qualify him for Post-9/11 GI Bill education benefits at a rate higher than 70 percent due to his discharge from the Army National Guard due to non-service-connected reasons.

The Veteran's claim for basic eligibility for VA home loan guaranty benefits was denied as he did not meet the required service criteria, specifically serving less than 181 days on active duty and being discharged under honorable conditions without a service-connected disability.

The Veteran's claim for vocational rehabilitation and employment training benefits was denied as he has not identified a vocational goal that would allow him to become gainfully employed.

The Board has granted the appellant's request for a waiver of recovery of an overpayment resulting from concurrent payments of DIC benefits and an SBP annuity, finding that collection would be against equity and good conscience.

The Veteran's appeal is remanded due to incomplete information regarding his service and the circumstances of his discharge. The VA will need to obtain additional records, including his enlistment contract and any documentation related to his August 1992 home loan guarantee certificate.

The Veteran's claim for VA home loan benefits was denied because he did not meet the required 24 months of continuous service, despite having served less than that period due to an involuntary discharge.

The Board has determined that the appellant's deceased brother, J.P., meets the criteria for burial in a VA national cemetery due to his permanent physical and mental disability before age 21.