Other conditions decisions — 2016

The Veteran's left hip aseptic necrosis is currently rated at 30 percent, which does not meet the criteria for an increased rating.

The Board denied the Veteran's request for waiver of overpayment and recovery of an overpayment of VA pension benefits in the amount of $91,154.50 plus accrued interest due to bad faith in not reporting workers' compensation income.

The Veteran's death was caused by recurrent nasopharyngeal squamous cell carcinoma with metastasis to the brain, which is presumed to be related to his in-service exposure to Agent Orange. As a result, the appellant is entitled to DIC benefits.

The Board dismissed the appeal due to the appellant's death during the pendency of the appeal.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has determined that the April 30, 2008 decision/memorandum from the Department of the Air Force should be associated with the record to clarify the policy intent regarding the waiver authority of the Secretaries of the Military Departments under section 1175a (h)(4) of Title 10, United States Code.

The Board found that the Veteran's son, T.S., and daughter, A.C., were not permanently incapable of self-support by their 18th birthdays. Therefore, they did not meet the criteria for recognition as helpless children.

The Veteran's daughter is not entitled to death pension benefits or accrued benefits as she does not meet the eligibility criteria.

The Veteran died of multiple myeloma, which the VA examiner determined was not caused by his exposure to contaminated water at Camp Lejeune. The claim for service connection for cause of death is denied.

The Board has remanded the case for further development, including obtaining VA and private treatment records, as well as information on the Veteran's occupational history. The expert will provide an opinion on whether it is at least as likely as not that the Veteran's Non-Hodgkin's lymphoma was caused by his exposure to contaminated water at Camp Lejeune.

The Veteran's appeal for service connection for ptosis of both eyes has been dismissed due to the death of the appellant.

The Board has determined that the overpayments of VA educational assistance benefits were not properly created due to sole administrative error by VA, and thus grants the Veteran's appeal.

The Veteran's appeal is being remanded due to issues related to the calculation of educational benefits under Chapter 33, Title 38 (Post 9/11 GI Bill) prior to August 20, 2012. The case will be further adjudicated after addressing overpayment and waiver issues.

The Veteran's claim for an increased rating for pes cavus of the left foot and extension of a temporary total rating beyond June 1, 2009 was denied. The Board found that the evidence did not support granting either request.

The Veteran's CLL is related to in-service herbicide exposure and service connection is granted on a presumptive basis.

The Board found that the Veteran's left foot nerve damage was not caused by the July 2006 VA surgical treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for further development and consideration, including determining whether assets transferred to an Irrevocable Trust should be considered in calculating net worth for pension purposes.

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

The Board found that the Veteran's skin disorder was not incurred in or aggravated by his service and may not be presumed to have been so incurred or aggravated due to herbicide exposure.