Other conditions decisions — 2015

The Veteran's appeal is denied as he is not entitled to additional VA educational assistance benefits in excess of 3 months and 6 days as of June 26, 2012.

The Board has remanded the case due to issues related to the validity of the debt amount, and the Veteran's offer to compromise the debt at $12,352.60 will be considered.

The VA determined that the Veteran's low back disorder, including degenerative disc disease (DDD), was not incurred or aggravated by service and may not be presumed to have been. The preponderance of evidence fails to establish an etiological link between any diagnosed low back disability and military service.

The Veteran's request for a partial waiver of recovery of his overpayment in the amount of $12,324.00 was granted due to the lack of fault on his part and undue hardship resulting from his disability.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the percentage of body area affected by dermatophytosis.

The Veteran's appeal is being remanded due to his request for a hearing. The issues of entitlement to service connection for stomach and bowel conditions are still pending.

The Veteran's unauthorized medical expenses incurred from April 21, 2012 to April 22, 2012 are now approved as the condition was still considered a medical emergency and not stable enough for discharge or transfer.

The Board denied the Appellant's claim for nonservice-connected death pension benefits due to her income exceeding the statutory maximum rate.

The Board finds that the Veteran's respiratory disability is not related to his active service, including any exposure to asbestos. As such, the claim for service connection is denied.

The Veteran's service-connected large angle esotropia is rated at 30 percent, and her TDIU claim has been granted.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 for a disability due to spina bifida because there is no competent evidence that the appellant has this condition.

The Board found that the appellant's income exceeded the maximum annual pension rate (MAPR) for payment of VA death pension benefits with aid and attendance allowance, thus denying her claim.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Veteran's request for waiver of overpayment was not timely filed, and therefore the appeal is denied.

The Veteran's claim for an increased rating for post-operative left inguinal herniorrhaphy with entrapment of the left ilio-inguinal nerve was denied as he failed to report for a scheduled VA examination.

The Board has determined that the Veteran's schizoaffective disorder, which is manifested as anxiety and depression, was permanently aggravated beyond normal progression during his second period of active service resulting in a manifestation of schizoaffective disorder.

The Board found that the Veteran's gastrointestinal disorder, including duodenal ulcer and peptic ulcer disease, preexisted service and was not aggravated by service. The presumption of soundness at entry is rebutted.

The Veteran's ileostomy surgery is being reviewed for compensation under the provisions of 38 U.S.C.A. § 1151 due to alleged VA malpractice, and additional development is needed to consider private treatment records from Banner Baywood Hospital.

The Board found insufficient evidence to conclude that the Veteran directly participated in a scheme to defraud VA, and thus concluded that the overpayment was not validly created.

The Veteran's appeal for a TDIU has been withdrawn, resulting in the dismissal of this matter.