Other conditions decisions — 2015

The Board has determined that the overpayments of $2,575.95 for MGIB benefits and $3,000 for an advance payment of VA education benefits are valid debts. The Veteran's request to waive recovery of these overpayments was denied as it would not be against equity and good conscience.

The Veteran's service-connected varicose veins of the right lower extremity are currently evaluated at a 20 percent rating, which is the maximum schedular evaluation available under Diagnostic Code 7120. The evidence does not support an increase in this rating.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma due to mustard gas exposure, finding that there was no objective evidence of such exposure and thus no basis to establish service connection.

The Board denied the Veteran's request for waiver of recovery of an overpayment of dependency allowance compensation benefits in the calculated amount of $5,174 due to fault on the part of the Veteran and no financial hardship caused by repayment.

The Veteran's appeal has been withdrawn and the case is dismissed as there are no specific issues of law or fact to review.

The Veteran's varicose veins of the left leg and scrotum are not service-connected, as there is no evidence that they developed during his military service or are related to a service-connected condition. The Veteran's heart attack is also not service-connected under the provisions of 38 U.S.C.A. § 1151.

The Board finds that the appellant's income exceeded the maximum annual pension rate prior to September 24, 2010, and thus he is not legally entitled to nonservice-connected pension benefits during this period.

The Board has reopened the Veteran's claim of entitlement to service connection for a left shoulder disorder and granted service connection, finding that there is sufficient evidence to support the current disability and its relationship to service.

The Board has found that additional development is necessary and the case is being remanded to obtain supporting documents from the Veteran.

The Veteran seeks service connection for non-Hodgkin's lymphoma, claiming it is due to herbicide exposure during his active duty in the Philippines. The Board has ordered additional development to verify this claim.

The Veteran's claim for an earlier effective date for additional compensation benefits for a dependent spouse was denied as the earliest possible effective date is April 1, 2009.

The Board found that the Veteran's election to receive benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) was not irrevocable and thus denied her appeal.

The Board has denied the appellant's application to reopen her claim of service connection for the cause of the Veteran's death, finding that the new evidence submitted does not relate to unestablished facts necessary to substantiate the claim.

The Board found that the Veteran's right eye branch retinal artery occlusion with vision loss was not caused by VA fault or an unforeseeable event, and thus denied compensation under 38 U.S.C. § 1151.

The Board has decided to remand the case for further development, including obtaining VA medical opinions regarding the Veteran's non-Hodgkin's lymphoma and mental health disorders.

The Board has determined that the Veteran's death was due to alcoholism, which is considered willful misconduct. The case is being remanded for further medical evaluation and opinion regarding whether cardiomegaly contributed to the cause of death.

The Board denied the Veteran's claims for service connection for a lung disorder and left nasopharynx cyst (claimed as nasal disorder) due to lack of evidence relating these conditions to his military service.

The Veteran's estate was deemed sufficient to cover his expenses, and therefore he is denied nonservice-connected pension and special monthly pension for the purpose of accrued benefits.

The Veteran does not have additional disability of the left little toe as a result of VA treatment, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board has reopened the Veteran's claim of entitlement to service connection for a neck disorder and finds that new and material evidence has been submitted. The issue is now reviewed on a de novo basis.