Other conditions decisions — 2015

The Veteran's hernia, resulting from surgeries at VA medical centers in 1992 and 2007, was not caused by carelessness, negligence, or lack of proper skill on the part of VA. The Board finds that the additional disability is not compensable under 38 U.S.C.A. § 1151.

The Board found that the Veteran's left iliohypogastric neuralgia, claimed as a left groin condition, was not related to service and denied his claim.

The Veteran is seeking an effective date prior to August 6, 2005 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities. The case must be remanded for further development and consideration.

The Board has determined that service connection for the residuals of a urethral stricture is granted, as there is at least equipoise evidence to support this determination.

The Veteran's appeal is being remanded for additional examinations and medical opinions to address his claims of increased rating for a left great toe disability and service connection for depression secondary to the same.

The appellant is recognized as the surviving spouse of the Veteran for purposes of VA benefits, and her claims for DIC with special monthly compensation, death pension benefits, and accrued benefits are granted.

The Veteran's appeal for service connection of a respiratory condition is being remanded due to scheduling issues.

The Board has denied the reopening of a claim for service connection for a respiratory disorder due to lack of new and material evidence.

The Board has granted the appellant's request to have her medical expenses from 2008 and 2009 counted for death pension benefits. The issue of entitlement to death pension benefits for 2008 and 2009 is now a separate matter on appeal.

The Board denied the Veteran's claims for service connection for chronic inflammation of the rectum with benign neuroma, Hydrocodone addiction as secondary to a service-connected disability, acid reflux as secondary to chronic inflammation of the rectum with benign neuroma, and bowel inconsistency. The decision was based on lack of new and material evidence for the chronic inflammation claim and insufficient evidence supporting the other claims.

The Veteran is seeking service connection for hairy cell leukemia, which he claims was caused by herbicide exposure during his service on the USS Oklahoma City. The VA has not been able to obtain all necessary records to determine if the Veteran was exposed to herbicides in Vietnam and thus cannot make a determination on this claim.

The Board found that the Veteran's cause of death, Non-Hodgkin's Lymphoma, was not due to his military service or any disability related to his military service. The preponderance of evidence did not support a finding that the Veteran's NHL was due to his military service.

The Veteran's appeal for basic eligibility for nonservice-connected pension benefits is denied because his second period of active duty was not during a period of war, and he did not have qualifying service.

The Veteran was granted service connection for peripheral vascular disease and deep vein thrombosis effective from April 1, 2010. The claim was filed on a VA Form 21-0820 dated April 1, 2010.

The Veteran's surviving son, D.S., is not eligible to receive Chapter 35 Dependents' Education Assistance (DEA) benefits concurrently with Dependency and Indemnity Compensation (DIC). The debt created by the concurrent receipt of DEA and DIC benefits is valid.

The Veteran's residuals of a left inguinal hernia repair are manifested through recurrent pain (i.e. inguinodynia), possibly secondary to inguinal nerve neuritis, which results in mild to moderate paralysis at worst and a scar that is not painful or unstable.

The Veteran has withdrawn his appeal regarding whether his income is excessive for the purpose of payment of VA nonservice-connected pension benefits, and there are no further questions to be addressed by the Board.

The Board found that the appellant was overpaid $4,026.20 in VA educational assistance benefits under Chapter 30 (Montgomery GI Bill) because she received payments for classes where her military tuition assistance covered part of the cost. The Board concluded this made her ineligible for these benefits and thus an overpayment was created.

The Board has determined that the appellant's aggregate service after September 10, 2001, was honorable and in excess of 24 months but less than 30 months. Therefore, he is entitled to a benefits payment rate of 80 percent for educational assistance under the Post-9/11 GI Bill.

The Veteran's appeal includes claims for a compensable rating for residuals of a fractured left ring finger and TDIU. The case is being remanded to allow further development, including consideration of the CUE claim.