Other conditions decisions — 2017

The Veteran's chronic diarrhea has been productive of moderate frequent episodes of bowel disturbance with abdominal stress, but not more or less constant abdominal distress. The Board finds that an evaluation of 10 percent for chronic diarrhea is warranted.

The Veteran seeks service connection for a skin condition that he alleges is due to exposure to Agent Orange. The Board has determined that additional development, including an examination and obtaining private treatment records, is necessary before the claim can be decided.

The Veteran's daughter was removed from his VA compensation award due to her concurrent receipt of Chapter 35 Dependents' Educational Assistance (DEA) benefits, resulting in an overpayment of $10,128. The removal was deemed proper and the overpayment valid.

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

The Veteran withdrew his appeal for a higher rating for service-connected fifth metacarpal fracture of the right hand during the hearing.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits because he was over the age of 26 when DIC benefits were granted, and therefore would not have been eligible at the time he was attending college.

The Board has granted an earlier effective date of October 1, 1978 for the grant of additional compensation based on a dependent spouse. The claim arose and was pending until September 2003 when VA addressed it.

The Veteran's income exceeded the maximum annual pension rate for veterans with a spouse and no other dependents, but not for those requiring aid and attendance. Therefore, he is ineligible for nonservice-connected pension benefits or SMP based on the need for regular aid and attendance.

The Veteran withdrew his appeal regarding the claims for service connection for a sinus disability and residuals of a nose injury.

The appeal has been withdrawn by the Veteran before a decision was made.

The Veteran's service-connected cold injury residuals do not render him unable to obtain or maintain a substantially gainful occupation, and the preponderance of evidence is against a finding that he is unable to maintain such employment.

The Board has determined that the overpayment in the amount of $22,275.00 is valid and grants the request for waiver of overpayment.

The Veteran's service-connected panic disorder is manifested by total occupational and social impairment, resulting in a disability rating of 100 percent.

The Board has determined that the Veteran's keloids, other than those on his right side of the face, were not caused by his active duty service and thus denied the claim for service connection.

The Board has determined that the appellant's other than honorable discharge due to willful and persistent misconduct is a bar to VA benefits.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his right eye disability during flare-ups.

The Board has granted an effective date of September 25, 2008 for the assignment of a 50 percent rating for mood disorder.

The Board denied the appellant's claim seeking recognition as the Veteran's surviving spouse, finding that her marriage to the Veteran was terminated by a divorce judgment in March 1986 and she did not meet the definition of a surviving spouse for VA death benefits.

The Veteran's claim for retroactive benefits due to his son J.M.'s high school attendance from August 10, 2009 to May 15, 2010 was denied because he did not file a timely VA Form 21-674 within the required one-year period following his son's eighteenth birthday.

The Board has determined that the Veteran does not have a current back condition that is related to his service, and therefore denied both his claim for service connection and his TDIU rating.