Other conditions decisions — 2015

The Board determined that the effective date for notifying VA of a change in dependent status was November 5, 2005, not December 2010. The resultant debt calculation based on this incorrect notification is invalid.

The Veteran's claim for an earlier effective date for the restoration of non-service-connected pension benefits prior to August 1, 2011 was denied as a matter of law because he was incarcerated from December 30, 2009, to July 1, 2011.

The Board has granted service connection for the cause of the Veteran's death due to cholangiocarcinoma, which is at least as likely as not caused by a liver fluke infection during his service in Vietnam. The issue of entitlement to DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA nonservice-connected pension benefits, finding that his actions constituted misrepresentation and bad faith in creating the overpayment. The appeal is therefore denied.

The Veteran's appeal is being remanded for further development, including a VA examination and issuance of a statement of the case on earlier effective date for TDIU. The claim for specially adapted housing will also be addressed.

The Board has determined that the Veteran's vulvodynia began during her period of active service and grants service connection for this condition.

The Veteran does not have a current dental disability, skin disease, or autoimmune disease that is the result of service. The Board finds no evidence supporting these claims.

The Veteran's residuals of post-concussion syndrome prior to October 23, 2008 were rated at 10 percent. As of October 23, 2008, the rating was increased to 40 percent.

The Veteran's appeal for a waiver of recovery efforts of the portion of the overpayment created after September 2011 is being remanded due to unclear criminal charges. The Board will need to ascertain whether the alleged crime involving possession of morphine constitutes a felony under Florida law.

The Board has determined that the Veteran's current gastrointestinal disability is less likely than not related to his active service, and therefore denied his claim for service connection.

The Veteran's National Guard service is considered active duty for the purpose of calculating his educational benefits under Chapter 33, and the appeal is granted.

The Board dismissed the appeal as the appellant requested withdrawal of the appeal in April 2013.

The Board has remanded the case for further development, including adjudicating a claim for service connection for diabetes mellitus and considering whether it caused or aggravated the right arm disability.

The Board has reopened the Veteran's claims for service connection for peptic ulcer disease and arthritis of the neck and spine, finding that new and material evidence has been received. The Board granted service connection for these conditions.

The Veteran's claim for service connection for inflammatory bowel disease and ulcerative colitis, claimed as secondary to Agent Orange exposure, is being remanded due to the need for additional development.

The VA reduced the Veteran's rating for abdominal adhesions from 30 percent to 10 percent effective February 1, 2009. The reduction was based on improvement in symptoms and treatment.

The Board has determined that the Veteran's lung disability, manifested by interstitial fibrosis, atelectasis and pleural plaques, is not attributable to his active duty service.

The Veteran's service did not meet the eligibility criteria for VA educational assistance benefits under Chapter 30 (MGIB-AD) or Chapter 33 (Post-9/11 GI Bill).

The Veteran's appeal is being remanded due to the need for additional development of his VA treatment records from November 2011 onwards.

The Board has remanded the case due to new evidence submitted by the Veteran, and a Supplemental Statement of the Case must be issued.