Other conditions decisions — 2016

The case is being remanded for additional development, including obtaining a statement from the Veteran's mental health provider regarding his PTSD and attempting to locate evidence of the reason for his employment termination. The TDIU claim will also be referred to the Director of Compensation for consideration prior to February 26, 2008.

The Veteran's overpayment of VA disability benefits in the amount of $1,699.60 is waived due to the failure of the Department of Veterans Affairs (VA) to timely process the Veteran's notification of his deployment and subsequent reinstatement request.

The Veteran's service-connected residuals of a cerebrovascular accident (CVA) are found to be the proximate cause of his insomnia. The Veteran is granted an initial rating of 10 percent for residuals of CVA, with no effective date provided as it represents a full grant of this issue.

The Veteran's surviving spouse died and was in receipt of death pension benefits with aid and attendance. The appellant claims reimbursement for expenses related to the last sickness, but there is no evidence that they bore these expenses or were paid by the appellant. The claim is denied.

The Board has remanded the case for additional development, including obtaining updated financial information from both the appellant and the Veteran. The appeal is now under consideration again.

The Board found that the Veteran's heart murmur and tricuspid valve regurgitation are congenital defects present prior to service, not due to any in-service disease or injury. The examiner did not find evidence of a superimposed disease or injury during service.

The Board has decided that the Veteran's claim for a higher rating for chronic joint pain of the left hand and bilateral lower extremities due to gouty arthropathy needs further development, including a new VA examination.

The Veteran's claim for VA educational assistance under the Montgomery GI Bill was denied as she did not meet the eligibility criteria due to her obligated period of active duty being less than three years.

The Board denied the appellant's claim for VA benefits under 38 U.S.C.A. § 1805 as a child of a Vietnam Veteran born with spina bifida because she does not have any form or manifestation of spina bifida except spina bifida occulta.

The Veteran's right hand disability is rated at 20 percent effective October 27, 2010. The Veteran does not meet the criteria for specially adapted housing and special home adaptation grant due to his service-connected disabilities.

The Veteran's right hip arthritis is worsened beyond its natural progression by residuals of a right thigh liposarcoma excision, and the Board has granted service connection for this condition on a secondary basis.

The Board has reopened the Veteran's claims for service connection for residuals of torn left Achilles tendon and left lower extremity injury residuals, but remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's claim for reimbursement of unauthorized medical expenses is denied as he did not meet the criteria under 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1002.

The Board found insufficient evidence of a current low back disability to grant service connection for the Veteran's claim.

The Board denied the appellant's claim for reinstatement of DIC benefits as she did not file a claim to reinstate her DIC benefits prior to December 16, 2004.

The Veteran's eye conditions are not deemed to be caused by the carelessness, negligence, or similar instance of fault on VA's part in providing treatment for his hypertension. The additional disability is attributed to uncontrolled hypertension.

The Board denied service connection for non-ischemic cardiomyopathy with systolic heart failure, including as due to herbicide exposure, and the cause of death claim. The Veteran's heart condition was not shown to be related to service or herbicide exposure.

The Board finds that the evidence is in relative equipoise as to whether the Veteran has ruptured his right eardrum during active service. The Veteran's lay statements are both competent and credible, and thus the claim for service connection for residuals of a ruptured right ear drum is granted.

The Veteran died in July 2009 and his surviving spouse filed a claim for accrued benefits. The Board finds that the Veteran had no pending claims at the time of his death, thus denying the appellant's claim for accrued benefits.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her reaching the age of 26 prior to the effective date of his permanent and total disability rating.