Other conditions decisions — 2018

The Board denied continued payment of VRAP benefits due to the Veteran's enrollment dropping below full-time status, which is a requirement for receiving these benefits.

The Veteran's request for a waiver of overpayment of VRAP education benefits was denied because it was not filed within the 180-day period following notification of the overpayment.

The Veteran's appeal for a higher level of payment of educational assistance benefits under the Post-9/11 GI Bill was denied as her service from June 28, 2002 to April 30, 2004 is not considered active duty for purposes of calculating Chapter 33 benefits. She is currently receiving a 50% level of payment.

The Veteran's claim for an effective date earlier than October 21, 2005, for service connection for nerve damage of the left hand is being remanded due to a potential error in the December 1991 denial decision. The Board will consider whether there was clear and unmistakable error (CUE) in that decision.

The Board has remanded the case for further development due to new evidence submitted by the appellant and her witnesses, which requires a waiver of AOJ consideration. The claim will be reconsidered in light of all available evidence.

The Board denied reimbursement or payment of medical expenses for cataracts removal as the treatment was not an emergency and pre-authorization is not applicable.

The Veteran's child, the Appellant, was not eligible for an extension of educational assistance benefits beyond her 31st birthday due to her failure to be enrolled in a program as of August 2007.

The Veteran's surviving spouse was already awarded $1,724 in burial benefits. The appellant cannot be awarded additional burial benefits as the surviving spouse has priority and VA will not divide applicable burial benefits among claimants.

The Board finds that the evidence is in equipoise and, resolving reasonable doubt in favor of the Veteran, service connection for gouty arthropathy is granted.

The overpayment of Post-9/11 GI Bill educational assistance benefits was not properly created and is a valid debt as to the amount. The Veteran's full-time enrollment from December 3, 2011 to August 12, 2012 will be considered for recalculating the debt. The matter of any remaining overpayment will be referred to the Committee.

The Board granted an extension of the delimiting date for DEA benefits to May 9, 2015, but no later, based on the appellant's enrollment in a semester system educational institution.

The Veteran's application for Chapter 33 educational assistance benefits for on-the-job training with the Oregon Department of Corrections was denied because the training started before July 4, 2013, which is one year prior to when he filed his claim.

The Board has determined that the Veteran's right Achilles tendon disorder, jaundice, and right ear puncture are related to his service. The claims for jaundice and right ear puncture are denied as there is no current diagnosis of these conditions.

The Board has determined that the Veteran's dizziness, imbalance when walking, and lack of concentration are secondary to his service-connected headaches.

The Board denied service connection for a bilateral leg disability, including Buerger's disease, as due to in-service tobacco use. The evidence did not establish that the Veteran’s current condition was related to his service or an in-service injury.

The Veteran's conversion reaction from April 8, 2008 to December 8, 2011 is rated at 30 percent disabling. The symptoms were characterized by occasional decrease in work efficiency due to depression but no other significant impairment.

The Veteran's chronic prostatitis with voiding dysfunction and urinary frequency, currently claimed as bladder problems, has been evaluated at a 60 percent rating. The claim for an evaluation in excess of this rating is denied.

The Board has determined that the evidence is at least in equipoise, finding a skin disability began during service and persists. Service connection for this condition is granted.

The Board has determined that the Veteran's schizoaffective disorder began during his active service and is related to his in-service symptoms of anxiety, sleep problems, and nervousness. Therefore, service connection for this condition is granted.

The Board has remanded the claims for further development due to incomplete service records and notification issues. The stomach and colon disability claim is also being deferred until the lower jaw disability claim is resolved.