Other conditions decisions — 2016

The Veteran's appeal is currently on hold due to an outstanding hearing request. The case must be remanded for scheduling a video conference hearing before the Board of Veterans' Appeals.

The Veteran's claim for service connection for dizziness is denied as there is no competent evidence of a current disability and the claimed condition is not related to his active duty service.

The Veteran's chronic pancreatitis has been rated at 60 percent since December 1997, which is the maximum schedular rating available under Diagnostic Code 7347. The appeal for higher ratings or payment of compensation prior to January 1, 2000, is denied.

The pension debt of $3,000 created in August 2006 was not valid and is therefore waived.,The pension debt of $2,663 created in May 2009 was valid but the criteria for a waiver have been met.

The Veteran's appeal for Veterans Retraining Assistance Program (VRAP) benefits was denied because his last period of active duty discharge was under conditions other than honorable, which disqualifies him from eligibility for VRAP.

The appellant's appeal is remanded due to the need for a detailed accounting of his use of VA educational benefits and further clarification regarding how the remaining entitlement was calculated.

The Veteran's death was caused by metastatic adenocarcinoma of the colon. The appellant seeks to establish service connection for this cause of death, arguing that it arose as a result of Agent Orange exposure and is related to his service-connected diabetes mellitus. However, further medical opinion is needed to determine if the service-connected diabetes contributed substantially or materially to the Veteran's death.

The Veteran's appeal for a waiver of an overpayment of VA disability pension from March 1, 2008, through December 31, 2011 is denied due to bad faith in creating the overpayment.

The case is being remanded to the RO for scheduling a video conference hearing at the RO with a Veterans Law Judge of the Board sitting in Washington D.C. The appellant has requested a hearing but did not respond within the required timeframe, so the previous selection will be used.

The Veteran's claim of service connection for peptic ulcer was pending since August 12, 1999. The effective date for the grant of this condition is set at August 12, 1999.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill Program is denied as he has already achieved the maximum aggregate period of 48 months that a person may receive education benefits.

The Veteran's claim for a higher rating for his service-connected back condition is being remanded due to the need for further development, including another VA examination.

The appeal is being remanded due to the failure to substantially comply with a previous Board remand. The Veteran's Social Security Administration records were not obtained as requested.

The Board denied the Veteran's claim for an earlier effective date of June 19, 2006 for service connection of mycosis fungoides. The May 1994 rating decision denying service connection for chloracne as a result of Agent Orange exposure is final and not subject to revision due to clear and unmistakable error.

The Board has determined that the Veteran's prostate disorder is related to his active military service, granting him service connection for this condition.

The Veteran's service connection claim for a spinal cord tumor is being remanded due to the need to determine if the tumor was malignant and to obtain SSA records.

The Board found that the overpayment of VA educational assistance benefits in the amount of $13,244.53 was properly created for the period from June 2002 to June 2003 due to a fraud scheme involving the appellant and other veterans.

The Veteran's service-connected diverticulitis with history of ulcerative colitis and proctitis and history of sigmoid colectomy and temporary colostomy disability does not meet the criteria for a higher rating than 20 percent.

The Board has decided to remand the case due to the need for a VA examination and additional medical records, as well as further analysis of the service connection claim.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of his claims, including potential secondary service connection for right shoulder disability.