Other conditions decisions — 2018

The Board denied the Veteran's claim for service connection for a dental disorder, finding that there was no compensable dental trauma or condition listed under VA regulations.

The Veteran's claim for TDIU between August 9, 2007 and October 18, 2011 is being remanded due to the need to clarify his employment history.

The Veteran's appeal for nonservice-connected pension benefits was denied because he did not meet the eligibility criteria due to his less than 90-day period of service and lack of a service-connected disability.

The Veteran's undescended testicle is not rated as it does not meet the criteria for a compensable rating under Diagnostic Code 7523, which requires atrophy of both testicles. The Veteran has reported pain but no findings of atrophy of both testicles.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his service-connected gastrointestinal disability. The TDIU claim will also be readjudicated.

The Board has decided to remand the case for further development due to insufficient medical evidence regarding whether the Veteran's urinary incontinence is related to his military service.

The Board has remanded the case for additional development, including a due and paid audit of the Veteran's account to determine retroactive payments.

The Board has denied the claim based on income in excess of the maximum annual death pension limit and failed to re-address the issue of permanent incapacity for self-support. The case is REMANDED for further action.

The Board has determined that the evidence is in equipoise as to whether the Veteran suffers from thoracic outlet syndrome, manifested by right upper extremity paresthesia, which was incurred in or relates to service. As such, the claim for service connection for thoracic outlet syndrome is granted.

The Board denied the veteran's claim for a certificate of eligibility for VA home loan guaranty benefits due to her not meeting the minimum eligible service term and because she did not meet the criteria under 38 U.S.C. § 5303A(b).

The Board determined that the overpayment of $1,318.40 for VRAP education benefits was not properly created and is invalid.

The Board found that the overpayment of $25,380.26 was validly created due to the Veteran's failure to notify VA of her divorce from her former spouse G.W., which contributed to the erroneous payment. The Board also determined that recovery would not be against equity and good conscience.

The Veteran's appeal is denied as he is already entitled to 21 months and 22 days of full-time benefits under the Post-9/11 GI Bill, which limits his transferable entitlement.

The Board has dismissed the appeal due to the Veteran's passing, as there is no jurisdiction to adjudicate the merits of this case.

The Veteran's unauthorized medical expenses incurred at McLaren Greater Lansing Hospital on February 16, 2013 are approved as the services were rendered in a medical emergency and VA facilities were not feasibly available.

The Board has determined that additional development is needed to determine the appellant's relationship to the Veteran and whether he qualifies as a child for accrued benefits purposes. The case will be remanded for this purpose.

The Veteran's income exceeded the maximum annual pension rate for a veteran in need of aid and attendance with one dependent, thus denying him eligibility to special monthly pension (SMP) based on the need for aid and attendance.

The Board has granted the Appellant's request for a waiver of overpayment of VA death pension benefits in the amount of $14,660.00 due to her financial hardship and inability to repay.

The Board denied the Appellant's request for an extension of her delimiting date for DEA benefits beyond December 2012, finding that she has already received in excess of 45 months and there is no legal basis to extend it further.

The Veteran's appeal for a TDIU was dismissed due to his death during the pendency of the appeal.