Other conditions decisions — 2016

The Board finds that the reduction of the evaluation for the Veteran's carcinoma of the right breast, status post lumpectomy, from 100 percent to 30 percent was proper based on evidence showing no recurrence or metastasis since November 2003 treatment.

The Veteran's dysthymic disorder has been rated based on the severity of symptoms and their impact on daily functioning. The claim for an increased rating prior to January 11, 2013 was denied as his symptoms did not meet the criteria for a higher rating. For the period beginning January 11, 2013, the disorder resulted in occupational and social impairment with reduced reliability and productivity.

The Veteran's claim for an initial disability rating in excess of 10 percent for left hip strain is being remanded due to the need for additional examination and development.

The Veteran's service-connected right femur fracture and laceration to the right supra orbit of the face have been rated based on their current manifestations. The effective date for these ratings is February 7, 2012.

The Board has determined that the reduction of the Veteran's right hip disability rating from 20 percent to 10 percent was improper, and thus restored the original 20 percent rating.

The Veteran's residuals of a fracture of the third metatarsal of the right foot have not been manifested by severe malunion or nonunion of the metatarsal bones, and thus do not warrant a rating in excess of 20 percent.

The Veteran's claim for service connection for non-Hodgkin's lymphoma and Waldenstrom macroglobulinemia is being remanded due to the need for a VA examination, additional development regarding herbicide exposure, and consideration of new evidence.

The Veteran's bilateral leg disability, identified as varicose veins, is related to his active service and the Board has granted service connection for this condition.

The Board has determined that the overpayment of nonservice-connected pension benefits should be waived due to the Veteran's unjust enrichment and undue hardship, with VA also being at fault for the creation of the debt.

The Veteran and the appellant are considered married for VA death benefits purposes, despite their 1984 divorce.

The Board found that VA properly terminated the Veteran's education benefits effective April 15, 2013 based on a Department of Defense (DOD) determination that the Veteran was not eligible for educational benefits under Chapter 1606, Title 10, of the United States Code as of that date.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of service-connected compensation benefits in the amount of $24, 239.47 due to lack of fault on his part and insufficient financial hardship.

The appellant's claim for death pension benefits for accrued benefits purposes was denied as the claim was not filed within one year of the payee's death.

The Veteran's appeal for additional educational assistance benefits under the Post-9/10 GI Bill Program beyond March 24, 2014 is denied as he has already received a total of 48 months of benefits.

The Board has determined that the Veteran's pension benefits were properly terminated due to his fugitive felon status from April [redacted], 2009 to May [redacted], 2009, and then again due to his incarceration from May [redacted], 2009 to July [redacted], 2010. The overpayments created during these periods are against equity and good conscience.

The Veteran's appeal is being remanded to obtain additional medical records and for further development.

The Board denied the Veteran's claim for attorney fees related to past-due dependency benefits awarded in January 2015, finding that the issue was not a result of any primary disability compensation benefit resulting from prior NODs and thus not granted on appeal.

The Board has remanded the case due to the need for additional development of service treatment records and personnel records from the Veteran's periods of active duty service.

The Board found that the Appellant's death pension benefits were properly terminated effective October 1, 2010 due to her excessive annual income.

The Board finds that the overpayment of DEA benefits was not properly created due to sole VA administrative error, and grants the appeal.