Other conditions decisions — 2015

The Veteran's discharge from the U.S. Marine Corps was characterized as 'Under Honorable Conditions' by his service component, which does not meet the requirement for an honorable discharge needed to be eligible for Post-9/11 GI Bill educational benefits.

The Board found that the Appellant's character of discharge from service is a bar to VA benefits due to his prolonged absence without official leave (AWOL) for more than 180 days, and he did not provide compelling circumstances.

The Board finds that the Veteran's current hernia, gall bladder, and liver disorders are not related to his service. The preponderance of evidence is against these claims.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claim for higher initial disability ratings for left serous otitis media with history of Eustachian tube dysfunction was granted, but the maximum schedular evaluation (10%) has been assigned.

The Veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Veteran's request for a total disability rating based on individual unemployability (TDIU) is remanded due to the need for another videoconference hearing before the Board.

The Board denied the appellant's request for an extension of her delimiting date for DEA benefits under Chapter 35, finding that there was no evidence showing she attended RBTC after May 14, 2004 and thus could not extend her eligibility.

The Board has determined that the Veteran's left eye disability, manifested by a small pupil, is caused by an event not reasonably foreseeable as a result of VA surgery in July 2001. Therefore, he is entitled to compensation under the provisions of 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's residuals of a fracture of the big toe, left foot are incurred during service and granted service connection for this condition. The low back disability claim is remanded for further clarification from an examiner regarding its etiology.

The Veteran's atrial arrhythmia, specifically intermittent paroxysmal atrial fibrillation with one to four episodes per year, does not meet the criteria for a rating in excess of 10 percent under Diagnostic Code 7010.

The Veteran's duodenal ulcer was rated at 10 percent prior to November 15, 2011 and at 50 percent from November 16, 2011. The appeal is granted for the higher rating.

The Veteran's status post macroprolactinoma does not result in any residuals, other than his separately service-connected headaches, to include impairment of motor, sensory, or mental function.

The Veteran's claimed right eye disorders are not related to his service and were not caused by a separate service-connected disability. The Board denied the claim for service connection.

The Veteran's income exceeded the threshold for VA health care without a copayment requirement, as his adjusted gross household income did not meet the 2008 VA National Means Test threshold.

The Veteran's left elbow disability is service connected and rated at 10 percent. Service connection for bilateral hydroceles and varicoceles has been granted, but scrotal hemangioma was determined to be a congenital defect not subject to VA compensation.

The Board has determined that the Veteran's left popliteal and peroneal nerve palsy, causing numbness to the left foot, is a direct result of VA treatment in July 2004 for peripheral artery disease. The condition was not caused by carelessness, negligence, or lack of proper skill on the part of VA.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $74,870. The decision found that the appellant remarried after her husband's death and thus created the overpayment. The Board concluded that allowing a waiver would be against equity and good conscience.

The Veteran's appeal for a waiver of overpayment in the amount of $7,993.80 was granted by the Board as both parties were at fault in creating the debt and no undue hardship would result from granting the waiver.

The Board has determined that additional development is needed to obtain private community clinic records related to the Veteran's positive HIV test in early November 2004. The case will be returned to the AOJ for further action.