Other conditions decisions — 2016

The Veteran is granted reimbursement for the cost of a licensing or certification test for dental laboratory technology certification testing taken on April 23, 2013, under the Post-9/11 GI Bill (Chapter 33) Licensing and Certification (LAC) program. Reimbursement for tests taken in August 2012, October 2012, and November 2012 is denied as he filed his claim more than one year after these tests were administered.

The Board has determined that the Veteran does not have a current bilateral foot disorder that was incurred or aggravated during his active military service.

The Board has determined that the appellant timely filed a notice of disagreement with respect to the November 2012 decision denying DIC benefits and nonservice-connected death pension. The appeal is granted.

The Board found that the overpayment of $1,374 in VA pension benefits was properly created due to the Veteran's failure to report his son's Social Security Administration (SSA) benefits as countable income.

The Veteran's psychiatric symptomatology results in impairment that most closely approximates occupational and social impairment with reduced reliability and productivity, warranting a rating of 50 percent for panic disorder.

The Veteran's claims for service connection for a stomach or gastrointestinal disorder and a skin disorder, claimed as jungle rot, were denied. The Board found that the current skin condition is not related to any in-service treatment.

The Veteran's waiver request for half of the overpayment ($4534.44) was granted, while the other half remains his responsibility.

The Board found that the Veteran's arthritis did not originate in service or for many years thereafter, is not related to any incident during active service and is not proximately due to or aggravated by a service-connected disability.

The Veteran's service connection claims for degenerative joint disease of the right and left knees were denied as his disabilities do not meet or approximate the criteria for a disability rating higher than 10 percent.

The Board has determined that the Appellant is recognized as the Veteran's surviving spouse for the purpose of establishing entitlement to VA death benefits, resolving reasonable doubt in favor of the Appellant.

The Board has remanded the case for a supplemental medical opinion to address whether the Veteran's cause of death is related to lower extremity varicose veins identified in service, or to an in-service appendectomy. The AOJ should review the case again based on the additional evidence and grant benefits if appropriate.

The Veteran's surviving child had $4,344 in annual countable income in 2010, which exceeded the maximum annual pension rate of $2,020 for a surviving child. Therefore, the criteria for entitlement to improved death pension benefits for a surviving child have not been met.

The Veteran's residuals, postoperative temporomandibular derangement are currently rated at 20 percent and the Board finds that this rating is appropriate.

The Board has determined that the Veteran's current menstrual disorder, diagnosed as menorrhagia, had its onset during service and continues to persist. Therefore, service connection is granted.

The Board has remanded the case for further development due to insufficient consideration of a December 2009 treatise and a June 2012 VA examination opinion, as well as missing VA treatment records from 2001 to present.

The Board has denied the Veteran's claims for service connection for arthritis of both his left and right feet, finding that there is no evidence linking these conditions to service.

The Veteran's claim for service connection for spinal osteomyelitis, which he contends is secondary to his service-connected degenerative disc disease of the lumbar spine, has been denied as there is no current diagnosis of spinal osteomyelitis.

The Board has granted an extraschedular rating of 20 percent for the Veteran's perforated right tympanic membrane, resulting in a combined rating of 40 percent. The disability causes marked interference with employment.

The Veteran's appeal for an increased rating for his service-connected Crohn's disease was denied. The RO assigned a 60 percent evaluation effective from June 15, 2013.

The Board found that the Veteran's overpayment of VA educational assistance benefits was valid due to fraudulent activities by other students, including the Veteran.