Other conditions decisions — 2018

The Veteran's appeal for Dependents' Educational Assistance (DEA) benefits was dismissed because the Veteran's attorney requested withdrawal of the appeal.

The Veteran's son is not eligible for benefits because the mother is not a Vietnam veteran and there is no evidence of spina bifida.

The Board has remanded the cases for further development and consideration, including obtaining a VA opinion regarding service connection for depression and an extraschedular rating for DJD with history of hallux valgus deformity and bunions, right great toe. The TDIU claim is also being remanded.

The Veteran's claim for an earlier effective date for additional compensation for his daughter, K.S., who was pursuing a course of instruction at an educational institution approved by VA, is denied as the claim was not filed within one year after her 18th birthday.

The Board has determined that the appellant's request for a waiver of indebtedness related to an overpayment of $1,950.00 on behalf of her minor child is not valid and requires further review.

The Board has granted effective dates of May 14, 2012 for the grant of service connection for hammer toes and calluses. The claim for a low back disorder is remanded due to insufficient evidence on whether it is proximately related to service-connected disabilities.

The Veteran's service-connected gynecological disability, including torn cervix, endometrial polyps, endometrial hyperplasia (hyperplasia), abnormal uterine bleeding, and ovarian cysts, requires a new VA examination to determine the current severity of her condition.

The Veteran's active service is less than 90 days, and there are unconfirmed additional periods of service that need to be verified. The Board will request these records from the appropriate service department.

The Veteran's appeal was denied because his VA Form 9, which he submitted more than a year after the original decision and without requesting an extension of time, was not timely filed.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for VA compensation or pension benefits at the time of his death. The appeal is denied as there are no legal grounds to award burial benefits.

The Board denied the claim of entitlement to nonservice-connected burial benefits because the application was not filed within two years after the Veteran's burial, making it untimely.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating, as her combined disability rating is only 50%, which does not meet the required percentage under VA regulations. The Board also found that there is no evidence of unemployability due to her stomach and digestive conditions.

The Board denied the Veteran's claim for service connection for TMJ disorder as there is no current diagnosis of this condition from when she filed her claim to the present.

The Veteran's claim for an initial compensable rating for his service-connected right scapula fracture with no residuals is being remanded due to the need for additional examination and treatment records.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's pre-existing schizoaffective disorder was aggravated by service.

The Board found that the termination and reduction of nonservice-connected pension benefits were proper due to unreported income identified through Income Verification Match (IVM) reports from 2008, 2009, and 2010. The Veteran's failure to report his income resulted in a denial of the claim.

The Board has granted service connection for gastroschisis and intraabdominal adhesions, finding that the Veteran's condition was incurred during active duty. However, it denied service connection for acute pancreatitis due to lack of current diagnosis.

The appeal has been dismissed due to the death of the appellant, and therefore no service connection or payment for medical expenses can be granted.

The Veteran's breast cancer, including residuals of ionizing radiation exposure, is attributable to his active military service. The Board finds that the evidence supports a finding of service connection for the Veteran's breast cancer.

The Veteran's right knee disability is rated at 10 percent, and her syncope is rated at 20 percent. The Board found that the evidence did not support an increased rating for either condition.