Other conditions decisions — 2016

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the Board of Veterans' Appeals (BVA). The case will be returned to the Board after this additional development.

The Board has determined that the Veteran's bilateral eye disability, diagnosed as mild tear film changes of the eyes, is at least as likely as not related to his active service. Therefore, the claim for service connection for this condition is granted.

The Board found that the Appellant's character of discharge from service is dishonorable and constitutes a bar to VA benefits, as there was no evidence showing he was insane at the time of his misconduct.

The Board has determined that the Veteran's bilateral shin disorder, diagnosed as exertional compartment syndrome, is not related to his service. The preponderance of evidence shows no correlation between his current condition and events during military service.

The Board has denied the Veteran's claim of service connection for a sleep disorder, finding that there is no competent evidence showing he currently suffers from this condition. The issue of entitlement to a temporary total rating for PTSD treatment remains pending.

The Board has determined that there is no current diagnosis of hypertension. The Veteran's claim for service connection for recurrent hypertension, to include as secondary to his service-connected diabetes mellitus, is denied.

The Board denied the Appellant's claim for apportionment of the Veteran's disability compensation payments for children in her custody, finding that an apportionment would cause undue hardship on the Veteran.

The Veteran's appeal is being remanded due to his inability to attend the scheduled hearing. The case will be rescheduled for a Video Conference hearing at the Nashville, Tennessee RO.

The Board denied a waiver of recovery of an overpayment of NSC pension benefits in the amount of $66,006.00 due to the Veteran's fault in failing to report spousal income from March 2002 to December 2008.

The Board found that VA's failure to offer adjuvant hormonal therapy resulted in the Veteran's preventable recurrence of breast cancer and subsequent additional disabilities, including hyperpigmentation of the skin, chronic pain in the area of the right breast, and limitation of motion of the upper back muscles as a result of chest wall scarring. The Board granted compensation under 38 U.S.C.A. § 1151 for these additional disabilities.

The Veteran's cerebellar degeneration syndrome was not incurred or aggravated by active duty service and may not be presumed to have been incurred therein.

The Board finds that the Veteran's cause of death, malignant lymphoma due to chronic lymphocytic leukemia, is related to herbicide exposure during service and grants service connection for the cause of the Veteran's death.

The Board found that the termination of the Veteran's improved pension benefits was proper due to his failure to provide necessary information regarding his spouse's income. The effective date should be corrected to May 1, 2007.

The Board denied an earlier effective date for the grant of death pension benefits with aid and attendance, finding that no claim was submitted within a year of the Veteran's death or between February 2008 and October 16, 2012.

The Veteran's left foot disability and celiac disease have been granted compensable ratings of 10 percent each, effective from the date of this decision.

The Board denied the Veteran's claim to reopen his service connection for Hodgkin's disease, finding that the evidence submitted since the last denial was not new and material.

The Veteran's appeal is being remanded due to the need for additional development and consideration of his claims, including a VA examination regarding the flu shot received in late 1975.

The Veteran's application for education benefits under the Montgomery GI Bill program after January 27, 2014 was denied because he made an irrevocable election to receive benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program.

The Veteran's appeal to receive education benefits under the VRAP for a period exceeding 12 months was denied as there is no statutory or regulatory authority to exceed the maximum authorized benefit of 12 months.

The Veteran's appeal of the grant of special apportionment for his son was dismissed as it did not meet the requirement to perfect an appeal within 60 days after receiving a statement of the case.