Other conditions decisions — 2015

The Veteran withdrew their appeal for benefits payment rate higher than 60 percent level for educational assistance under the Post-9/11 GI Bill.

The Veteran died while on active duty, and burial benefits are not payable for deaths occurring during active service.

The Board finds that the Veteran's fatal cancer, which was present in multiple areas including his lungs and soft tissues, is at least as likely as not caused by exposure to Agent Orange during service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has determined that the Veteran's service was not qualifying for VA non-service-connected death pension benefits due to his service with the New Philippine Scouts, and thus denied the appellant's claim.

The Veteran's overpayment of VA benefits due to failure to report his wife's income and receipt of Social Security Income has been waived, as the debt was validly created and recovery would result in undue financial hardship.

The Veteran's discharge from active service was 'Under Honorable Conditions' due to misconduct, which disqualifies him from eligibility for educational assistance under the Post-9/11 GI Bill.

The Veteran's claim for education assistance benefits under Chapter 30, Title 38, United States Code (MGIB) for an on-the-job training program from February 17, 2008, to February 16, 2009, was denied as VA cannot pay for training taken more than one year before the claim for his program was received.

The Veteran's service connection claim for multiple myeloma is granted due to presumed exposure to herbicides during his military service.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Baptist Medical Center from May 4, 2012 to May 5, 2012 was denied because the claim was not filed within the required 90-day period after discharge.

The Board has determined that additional development is necessary before the underlying claim can be adjudicated on the merits, including a review of the Veteran's VA Form 5655 and an audit of his educational benefits.

The Board has reopened the appellant's claim of whether his character of service is a bar to VA benefits due to new and material evidence. However, the Board found that his misconduct in service was persistent and willful, and thus determined that his character of discharge remains a bar to VA benefits.

The appellant does not have a form of spina bifida other than spina bifida occulta, and therefore is not entitled to benefits as a child of a Vietnam veteran born with spina bifida.

The Board has remanded the case for additional development to determine the Veteran's eligibility for Chapter 33 educational assistance benefits. The AOJ must contact DoD or appropriate military authority to request information as to the Veteran's eligibility and provide an explanation of its determination, including copies of any information/files used.

The Veteran's election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program is irrevocable; therefore, he has no legal entitlement to Chapter 30 benefits.

The Board finds that the evidence is in equipoise as to whether the Veteran's service-connected disabilities contributed substantially and materially to his death, specifically from glioblastoma multiform and sepsis. Therefore, service connection for the cause of the Veteran's death is granted.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for lymphoma. However, the evidence does not establish a link between the Veteran's current lymphoma and his military service.

The Veteran's cyst on the right upper head has increased in size and is now rated at 30 percent, effective June 28, 2004.

The Veteran's right and left hallux valgus were found to be mild to moderate in severity, with no evidence of severe impairment or equivalent to amputation. The current ratings under the applicable diagnostic codes do not warrant a compensable rating.

The Board is remanding the Veteran's claims for further development, including obtaining VA treatment records and providing an addendum opinion regarding his claim under 38 U.S.C.A. § 1151.

The Veteran's claim for a higher rating for varicose veins of the right leg is being remanded due to insufficient evidence and need for further evaluation.