Other conditions decisions — 2015

The Board has determined that the Veteran's current kidney disability, IgA glomerulonephritis, manifested to a compensable degree within one year of discharge from service and grants service connection for this condition on a presumptive basis.

The Veteran's retinal detachment of the left eye is found to be a result of his cataract surgery, and as such, he is granted compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's accrued benefits claim for service connection based on a pending claim of leukemia was denied as there is no evidence that the Veteran had leukemia or myelodysplasia syndrome during his lifetime. The Board found that the Veteran did not have leukemia at the time of death and that myelodysplasia syndrome, while possibly related to service, was not shown to be due to any herbicide or radiation exposure.

The Board has determined that arthritis of multiple joints, to include arthritis of the back, did not manifest in service or within one year following separation and is not otherwise related to service.

The Veteran's service-connected disabilities (Post Traumatic Stress Disorder and Residuals of a gunshot wound to the right arm) have rendered him unable to secure and follow substantially gainful employment since May 8, 2009. The Board grants total disability based on individual unemployability.

The Veteran's death was not due to service-connected causes, and the appellant is not eligible for VA burial or pension benefits as he did not serve during a period of war. The appeal is denied.

The Veteran's claims for service connection for left and right leg disabilities are being remanded due to the need for further development, including a VA examination.

The Board found that the overpayment of benefits was valid due to legal error and not solely administrative error, thus denying the Veteran's claim for a waiver of overpayment.

The appellant was the Veteran's spouse at the time of his death, but she remarried after he died and is therefore not considered a surviving spouse for VA benefits purposes.

The Veteran's request for a waiver of overpayment of VA pension benefits in the amount of $7,880 was granted due to the creation of the debt not being the result of fraud, misrepresentation or bad faith by the Veteran; that he was not at fault in the creation of the debt, and that collection would result in undue hardship.

The Veteran's claim for a higher rating and TDIU was denied. The Board found that the evidence did not support an increased rating or TDIU based on his service-connected perforated colon.

The Veteran's application for educational benefits under the post-9/11 GI Bill was granted, but she is not eligible for a rate higher than 90 percent due to her discharge from service not being as a result of a service-connected disability.

The Veteran's appeal is being remanded due to the need for clarification and certification of his service dates by the service department, and a request to DoD to determine whether his service constituted active duty service under Title 32 authority. The case will be readjudicated in light of all evidence.

The Board denied the Veteran's daughter's request for an extension of the delimiting date for Dependents' Educational Assistance (Chapter 35) beyond April 2, 2011 due to her application being filed more than one year after the initial rating decision and her 31st birthday.

The Veteran's appeal is denied as he did not meet the eligibility requirements for Chapter 33 educational assistance due to his 'General (Under Honorable Conditions)' discharge from active duty.

The Board dismissed the appeal due to the Veteran's death and has no jurisdiction to proceed with the merits of the case.

The Veteran's polycystic ovarian syndrome is being remanded for a new VA examination to determine its etiology and whether it is related to her military service or any service-connected disorders. The issue of secondary service connection will also be addressed in the new examination.

The Veteran's claim for payment of unauthorized medical expenses is denied because she had coverage under Medicare Parts A and B, which constitutes a legal bar to reimbursement.

The Board has determined that the Veteran's residuals of a right humerus fracture are causally related to active service and grants service connection for this condition.