Other conditions decisions — 2015

The Board found that the Veteran's overpayment of VA educational benefits in the amount of $302.93 was validly created, and there was no evidence of fraud or bad faith on his part. The 5 hours of online remedial courses taken during a specific period were ineligible for Chapter 1606 educational benefits.

The Veteran's appeal was denied for ratings in excess of 10 percent for her left knee disability prior to May 20, 2010 and beginning August 1, 2010. The appeals were based on direct service connection.

The Veteran's tremors and sleep condition are found to be due to an undiagnosed illness or other qualifying chronic disability occurring in a Persian Gulf Veteran, meeting the criteria for service connection under VA regulations.

The Veteran's claim for an initial rating in excess of 10 percent for residuals of penile injury with post-operative residuals of a retained foreign body in the scrotum was granted. The current effective date is not specified.

The Board found that the Veteran's medical condition did not constitute an emergency, and thus her claim for payment or reimbursement of unauthorized medical expenses was denied.

The Board denied the Veteran's claims of service connection for right and left leg disabilities, finding that there was no evidence linking his current conditions to his military service.

The Veteran seeks service connection for right and left leg disabilities. The Board has determined that a VA examination is necessary to determine the current nature of these conditions and their relationship to service.

The Board has granted an effective date of August 15, 2008 for the award of additional compensation benefits for B. G., the Veteran's dependent spouse.

The Veteran's claim for an earlier effective date for service connection was denied as there is no evidence of a prior claim or entitlement to the benefit before June 13, 2008.

The Board has determined that the Veteran's arthritic condition and psoriatic arthritis are not related to service, as there is no evidence of in-service injury or disease. The symptoms have not been shown to be continuous since service.

The Board has remanded the case due to an unclear record regarding whether the Veteran was ever paid non-service connected pension benefits from August 2008 to October 2010. The appellant is seeking accrued benefits for this period.

The Board denied the Veteran's request for waiver of recovery of an overpayment of pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's fault in creating the overpayment and his unjust enrichment.

The Veteran's claim for educational assistance benefits under the Post-9/10 GI Bill is denied as he did not meet the basic eligibility requirements due to his four-year service obligation through an ROTC scholarship.

The Board has determined that the Veteran's DJD, status post total right hip arthroplasty, was not caused by, incurred in, or diagnosed within one year following military service.

The Board has remanded the case due to insufficient development and need for additional examinations.

The Veteran's right lower extremity thrombophlebitis has been productive of persistent edema, stasis pigmentation, pain, fatigue and aching after prolonged standing or walking, intermittent ulceration, and palpable varicose veins. The Board finds that the symptoms do not warrant a rating in excess of 40 percent.

The Veteran withdrew his appeal for service connection for osteoporosis of the right hip before a decision was made by the Board.

The Veteran's special monthly pension benefits were terminated effective December 1, 2010 due to his failure to provide requested information regarding his income and marriage status. The claim is now denied.

The Board has ordered the VA to attempt to obtain inpatient clinical treatment records from Holloman AFB for May 1982, where the Veteran was hospitalized. If these records cannot be obtained, the Veteran will be notified of this fact.

The Veteran's claim for an earlier effective date for special monthly pension based on a need for aid and attendance is denied as the evidence does not show he was in need of regular aid and attendance prior to September 4, 2013.