Other conditions decisions — 2015

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining relevant medical records and providing a VA examination.

The Veteran's claim for an increased evaluation was granted, and the effective date is set at May 11, 2010.

The Board has determined that the Veteran's aunt is not his dependent parent for VA compensation purposes due to lack of a foster parent relationship prior to his entry into active service.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for a bilateral pulmonary embolism disability due to left knee arthroplasty performed in January 2008. The case is being remanded for additional development, including obtaining medical opinions regarding the cause of the Veteran's pulmonary embolisms.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected reflex sympathetic dystrophy of the right lower limb and an opinion on whether his disabilities render him unemployable. The claim will be re-adjudicated after these actions.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA benefits, including non-service connected death pension.

The Board has determined that the appellant's character of discharge is a bar to VA benefits due to his service involving drug use and AWOL periods, despite an upgrade under DOD SDRP.

The Board has referred the case back to the RO for consideration of new evidence, including a medical opinion. The Veteran's claim will be readjudicated based on all evidence.

The Board has granted enhanced nonservice-connected death pension benefits with aid and attendance for the surviving spouse of the Veteran, effective from July 27, 2010. The surviving spouse met the requirements for these benefits due to her need for regular aid and attendance.

The Board has reopened the previously denied claim of service connection for a right hip disability and granted it, finding that new and material evidence was received. The Veteran's pre-existing right hip slipped epiphysis with pins in place is found to have been aggravated by service.

The Veteran's onychocryptosis of the left great toe was directly incurred in service, and the Board grants service connection for this condition.

The Board has determined that further development is required to address the validity of the overpayment and whether a waiver can be granted. The case will be returned to the AOJ for adjudication.

The Board denied the appellant's claim for recognition as a helpless child of her stepfather, finding that she was not permanently incapable of self-support prior to reaching 18 years of age.

The Veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals. The case will be returned to the Board after the hearing.

The Veteran's infectious surgical wound, fully resolved by February 2011, was due to fault on the part of VA in sending him home by bus two days after his surgery. The Board finds entitlement to compensation under 38 U.S.C.A. § 1151 for this condition.

The Board has determined that the case is remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's throat cancer and residual disability.

The Board has determined that the appellant does not meet the basic eligibility requirements for VA nonservice-connected pension benefits due to a lack of qualifying service during a period of war.

The appellant requested a Board hearing, but failed to appear. The VA has decided that the appellant has demonstrated good cause for not appearing and needs her hearing rescheduled.

The Veteran's overpayment of education benefits was denied because the debt was validly created and recovery would not be against equity and good conscience. The Veteran is not at fault for the creation of the debt, but repayment in reasonable monthly installments would not cause undue hardship.

The Board denied the Veteran's claim for basic eligibility to receive VA home loan benefits due to her service not meeting the 24-month continuous active duty requirement, despite her contention that she should be considered under a hardship exception.