Other conditions decisions — 2016

The appellant's claim for DIC benefits is being remanded due to the need for additional development and consideration of her relationship with the Veteran, including divorce proceedings from a prior marriage.

The Veteran's death was found to be service-connected, and the appellant received $2,000 in burial benefits. The claim for additional burial benefits is denied as the maximum allowable benefit under law has been awarded.

The Veteran's entitlement to educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) has been exhausted. The appellant is not entitled to an extension of her period of eligibility beyond August 26, 2013.

The Veteran's erectile dysfunction and Peyronie's disease, secondary to adenocarcinoma of the prostate, status post prostatectomy, have been granted a 20 percent rating.

The Veteran's skin disorders, including epidermal inclusion cysts and benign neoplasm on the trunk, were not shown to be related to his service or herbicide exposure. The Board found that there was no positive association between exposure to herbicides and any other condition for which the Secretary has not specifically determined that a presumption of service connection is warranted.

The Veteran's appeal for additional educational assistance benefits under the Post-9/11 GI Bill was denied because he made an irrevocable election to receive Chapter 33 benefits in lieu of Chapter 30 benefits, effective March 18, 2015. As a result, he is limited to his remaining time under Chapter 30.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating from July 6, 2006 to June 22, 2007. From June 23, 2007 to April 29, 2015, his combined disability rating is sufficient to warrant a TDIU.

The Board has remanded the case due to failure to schedule a VA examination and lack of substantial compliance with previous remand directives. The Veteran's claim for service connection for a chronic pulmonary condition is pending.

The Veteran's left foot disability, including bone contusion, metatarsalgia, and calcaneal spur, has been rated at 20 percent since the November 2009 VA examination. The current symptoms include moderate to severe pain, restricted toe movement, and difficulty with ambulation.

The Board has decided to remand the case for further development, including obtaining VA medical records and arranging for a VA examination.

The Veteran's left radial tunnel syndrome is currently rated at 30 percent, the maximum schedular rating available under Diagnostic Code 8514. The Board finds that her symptoms do not more nearly approximate severe incomplete paralysis of the radial nerve.

The Board found that the overpayment of education benefits to the Veteran was properly calculated based on evidence indicating that the Veteran did not attend classes in a satisfactory manner. However, due to conflicting testimonies and lack of conclusive evidence, the Court held that the Board's finding was insufficient. The Board then remanded for additional information but concluded that no such information exists. As a result, the Board found that the evidence is in equipoise as to whether the Veteran maintained satisfactory attendance, thus invalidating the overpayment.

The Board found that the Veteran's participation in vocational rehabilitation and education program was properly discontinued due to his inability to demonstrate reasonable progress towards obtaining his degree, despite being offered reduced pursuit at less than half-time.

The Board has determined that the criteria for waiver of recovery of an overpayment debt of nonservice-connected pension benefits in the amount of $4,593.00 have been met and therefore grants the Veteran's request.

The Veteran's symptoms associated with minimal central disc bulges at T4-T5 and T6-T7 have been considered in the rating for his service-connected lumbar spine disorder. Therefore, there remains no question of fact or law to be decided by the Board regarding this issue.

The Board has determined that the Veteran's daughter's SSA income should be included in his countable income for VA nonservice-connected pension purposes, except from November 3, 2005, through October 31, 2006.

The Veteran's porokeratotic lesions of the toes, both left and right feet, have been rated at 30 percent for each foot. The Board finds that a higher rating is not warranted as there is no evidence of functional loss equivalent to an amputated foot with a prosthesis.

The Veteran's skin disorders, including actinic keratosis, intradermal nevus, and compound melanocytic nevus, are not considered to be related to his military service or presumed exposure to herbicides.

The Veteran's claim for service connection for gouty arthritis is being remanded due to the need to determine his duty status during National Guard service, obtain an addendum VA opinion, and obtain any outstanding medical records.

The Veteran's dermatological infection (follicular infections) has been rated at 10 percent since January 4, 2010. The condition affects less than 20% of his entire body or exposed areas.