Other conditions decisions — 2017

The Veteran's entire active service period from May 2004 to February 2006 was subject to the education loan repayment program under 10 U.S.C.A. Chapter 109, and therefore cannot be counted as a period of service for entitlement to educational assistance under the Post-9/11 GI Bill.

The Board has remanded the case to determine if the appellant was insane at the time of offenses leading to his discharge, which could affect his eligibility for VA benefits based on character of discharge. The AOJ is instructed to obtain a forensic psychiatrist's opinion and readjudicate the issues.

The Veteran's appeal was dismissed due to his death, and no service connection is granted as the claim has been closed.

The Veteran's appeal regarding an initial rating in excess of 10 percent prior to February 12, 2010 and in excess of 60 percent thereafter for ichthyosis vulgaris has been dismissed due to the Veteran withdrawing his appeal.,The Veteran is not entitled to a TDIU as his service-connected skin disability does not preclude him from obtaining and maintaining gainful employment.

The Board has granted the Veteran's request to have a hearing at the Dallas, Texas VA RO and remanded her case for further action due to her relocation.

The Board has determined that the full amount of the $500,000.00 settlement of the FTCA claim must be offset against the compensation benefits payable to the veteran under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's current back condition is caused by an in-service incident, and thus service connection for a back injury is granted.

The Veteran's death was caused by acute oxycodone toxicity due to carelessness, negligence, lack of proper skill or error in judgement on the part of VA. The Board finds that the criteria for service connection under 38 U.S.C.A. § 1151 have been met.

The Veteran's service-connected supraventricular tachycardia was found to meet the criteria for a 30 percent rating from November 21, 2008 to August 8, 2013 and a 60 percent rating from August 9, 2013 to March 8, 2016. Since then, it has met the criteria for a 100 percent rating.

The Veteran's appeal is being remanded due to his failure to appear for scheduled hearings and incarceration. The case will be readjudicated after any necessary development.

The Veteran's dental condition, including his service-connected diabetes, is being remanded for further examination and determination. The Board will consider whether the in-service fall and subsequent tooth extraction aggravated or caused his current dental issues.

The Veteran's appeal has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The appeal has been dismissed due to the appellant's death.

The Board has determined that a new examination and medical opinion are necessary to make a fully informed decision regarding the Veteran's claim for an evaluation in excess of 30 percent for atrial fibrillation with cardiomegaly.

The Board has decided to remand the case for additional development, including obtaining private medical records and scheduling a VA examination.

The Veteran withdrew her appeal regarding the claim for reimbursement of unauthorized medical expenses at a non-VA facility from April 27 to April 28, 2013. Her case is dismissed.

The Veteran's service-connected right leg varicose vein disability has been rated at the highest possible schedular rating (100%) for the entire appeal period, with symptoms including board-like edema and constant pain during rest.

The Board found that the Veteran's net worth was excessive for purposes of granting VA nonservice-connected pension benefits, as his estate included significant assets such as an annuity and a trust. The decision concluded that these assets precluded payment of nonservice-connected pension benefits.

The Veteran's service connection claim for mantle cell lymphoma is granted as it may be presumed to have been incurred in service due to exposure to Agent Orange during his active duty in Thailand.

The Board found that the Veteran's diagnosed left eye conditions (cataracts, meibomian glands disease, mild blepharitis, and pinguecula) are not related to military service. The claim of service connection for a left eye disability including photophobia is denied.