Other conditions decisions — 2016

The Board denied the appellant's claim, finding that his character of discharge from service is a bar to VA compensation benefits due to willful and persistent misconduct.

The Board found that the Veteran's bilateral otitis externa is currently rated at 10 percent under DC 6210, which is the maximum schedular rating for this condition. The evidence does not support a higher rating as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has remanded the case for additional development to determine if any respiratory disability is related to service, specifically in-service pneumonia.

The Veteran's claim for a clothing allowance is being remanded due to incomplete records and the need for further development.

The Board has remanded the case for a VA examination at the Valdosta CBOC due to the Veteran's inability to travel to Gainesville or Lake City, Florida. The Veteran is seeking service connection for residuals of a shrapnel wound to his abdomen.

The Board has granted an effective date of July 21, 2009 for the award of a TDIU and basic eligibility for DEA benefits. The Veteran's service-connected disabilities met the criteria for entitlement to a TDIU on an extra-schedular basis.

The Veteran's claim for a clothing allowance, including retroactive payments dating back to 1972, is being remanded due to the failure to address this issue in the February 2011 decision. The VA Medical Center will prepare an SOC regarding this matter.

The Board has remanded the case to the RO for additional development, including obtaining complete service personnel records and making a specific finding of fact as to the Veteran's character of discharge for each period of service in the Army National Guard and Regular Army. The claim will be readjudicated based on this information.

The Board has remanded the case due to outstanding medical records and a need for additional examination.

The Veteran's initial evaluation for Crohn's disease was granted at 60 percent from November 1, 2008. The claim for an increased rating beyond this level is denied.

The Board has granted service connection for a right thigh injury and low back disability, finding that the Veteran's current conditions are at least as likely as not related to his military service.

The Veteran's claim of entitlement to an effective date earlier than August 11, 2009, for a grant of service connection for endometriosis/endometrioma is being remanded due to the inextricability between her clear and unmistakable error claim and her earlier effective date claim.

The Board finds that the debt in the amount of $6,675.00 for overpayment of VA service-connected compensation dependent benefits is valid and grants a waiver of recovery.

The Board found that the Veteran's nerve damage of the right foot is productive of moderate incomplete paralysis and assigned a 20 percent rating effective March 12, 2008. The issue regarding an earlier effective date for service connection was not granted.

The Veteran's adjustment disorder has been rated at 50 percent since March 6, 2015. The Board found that the evidence did not support a higher rating.

The Veteran's son, GG, was diagnosed with Asperger's syndrome prior to age 18 and has been permanently incapable of self-support due to this condition. The Board found that the evidence supports his claim for recognition as a helpless child.

The appellant has withdrawn her appeal for nonservice-connected burial benefits, and the Board does not have jurisdiction to review this matter.

The Board has determined that the Appellant does not meet the legal requirements to be recognized as the Veteran's surviving spouse for VA purposes, including entitlement to VA death benefits.

The appellant has withdrawn her appeal regarding the issue of entitlement to service connection for the cause of the Veteran's death, and thus the appeal is dismissed.

The Board found that the overpayment of VA VRAP educational assistance benefits in the amount of $2,911.47 was validly created and denied the Veteran's appeal.