Other conditions decisions — 2016

The Veteran's daughter, B.H., was home schooled during the period from September 2009 to May 2010 due to her health condition. The Board found that A Beka Academy, a home school program, met the educational standards of Washington state and thus qualifies as an approved educational institution for VA dependency benefits purposes.

The Board denied the Veteran's request for a waiver of recovery of overpayment of pension benefits in the amount of $26,828.76 due to an untimely submission of the request.

The Board has been notified of the Appellant's request to withdraw her appeal, and thus the appeal is dismissed.

The Veteran was diagnosed with non-Hodgkin's lymphoma and has residual disability. The Board finds the Veteran served in Vietnam, presumptively exposed to herbicides, which meets the criteria for service connection.

The Veteran's claim for service connection for cold injury residuals to the bilateral upper extremities is denied. The Veteran's claims for increased ratings of his frostbite with degenerative changes of the bilateral lower extremities are also denied as there is no evidence of exceptional or unusual circumstances warranting referral for extra-schedular consideration.

The Board has determined that a valid overpayment of $4,849.00 was created due to the Veteran receiving additional compensation benefits for a dependent spouse after his divorce in December 2004.

The Board has determined that the Appellant did not file a timely notice of disagreement against the October 2008 decision denying her claim for accrued benefits, and therefore the October 2008 decision is final.

The appeal has been dismissed as the appellant requested withdrawal of his appeal prior to a decision being made.

The Board dismissed the appeal due to the death of the appellant.

The case is being remanded to clarify the payment of expenses for M. L.'s last sickness and burial, as these receipts were submitted prior to certification of the appeal to the Board.

The Veteran's claim for a chronic right hand disability separate and distinct from his service-connected right wrist and index finger disabilities is denied as there is no evidence of such a condition.

The Veteran's claim for a waiver of overpayment was not timely, and thus the Board does not have jurisdiction to decide the underlying merits.

The Board has determined that the Veteran's squamous cell carcinoma of the hypopharynx and larynx cancer were not incurred in or aggravated by active service, and neither cancer may be presumed to have been incurred therein.

The Veteran's claim for service connection of an eye condition has been reopened. The issue of a rating in excess of 40 percent for his lumbar spine disability prior to October 12, 2012 is being dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's Crohn's disease has been rated at 60 percent since October 1, 2012. Her anal-rectal fistulas have also been rated at 60 percent since the same date.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Board has determined that the Veteran does not have a current diagnosis of a chronic sinus disability or throat disorder. Service connection for these conditions is therefore denied.

The Board has determined that the Veteran's right great toe surgery resulted in severe post-operative residuals, necessitating a temporary total convalescence rating from November 19, 2010 through May 31, 2011.

The Board has remanded the case for additional development of medical records from Southeast Alabama Medical Center. The appeal is currently in a pending state.

The Veteran's TDIU claim is granted as his service-connected disability renders him unemployable. The extraschedular rating for the left wrist fracture with nonunion remains denied.