Other conditions decisions — 2018

The Veteran's stomach condition is caused or aggravated by his service-connected PTSD and major depressive disorder, and the Board grants service connection for this condition.

The Board has determined that the Veteran's broken right hip disability is not service-connected, and his TDIU claim is granted based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's appeal is denied as he has already received the maximum 48 months of education benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill Program).

The Veteran is seeking to revert his VA educational assistance benefits from the Post-9/11 GI Bill (Chapter 33) back to the Montgomery GI Bill (Chapter 30). The Board has remanded the case for further action, including obtaining a fully completed/executed Application for VA Education Benefits conveying his election to receive Chapter 33 educational assistance benefits in lieu of Chapter 30.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including examinations.

The Board found that the overpayment of VA pension benefits created during the period from January 1, 2009 to December 31, 2009 was valid. The overpayment created during the period from January 1, 2010 to July 31, 2013 was not valid due to an error in applying a one-time life insurance payment towards income. As such, the Veteran's appeal for waiver of recovery of the overpayment is granted.

The Board has determined that the case must be remanded to determine if there are any accrued benefits due to the surviving spouse at the time of her death, and to allow for submission of documentation regarding last expenses.

The Veteran's service-connected pernicious anemia has been evaluated as noncompensable since November 16, 2010. The Board finds that the evidence does not support a higher evaluation.

The Board denied the appellant's claim for retroactive payment of Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35, finding no legal basis for granting such benefits.

The Veteran's progressive supranuclear palsy was not incurred in, or otherwise related to his time in service. The Board found that the preponderance of evidence does not support a link between the Veteran's PSP and military service.

The Veteran does not have a dental condition that is subject to service connection and the Board finds that his loss of teeth was due to normal extraction, unrelated to any in-service trauma or condition.

The Veteran's status post ureterolithotomy residuals are productive of occasional attacks of colic, without infection or catheter drainage; thus, a 10 percent evaluation is granted.

The Veteran's claim for an earlier effective date for the grant of service connection and a 50 percent rating for ulcerative colitis was denied as there is no legal basis to assign an effective date prior to October 21, 2015.

The Veteran's loss of vision in the left eye following an intravitreal injection is not considered to be due to VA carelessness, negligence, or similar fault. The Veteran has no service-connected disabilities and therefore cannot meet the criteria for a TDIU.

The Board found that the overpayment of VRAP benefits in the amount of $549.33 was properly created and is valid, thus denying the Veteran's appeal.

The Veteran's digestive system disability, including diverticulosis and anal fissures, is not related to military service. The Board finds that the weight of the competent evidence does not attribute the Veteran's digestive system disability to military service despite his contentions to the contrary.

The Veteran's appeal is being remanded for further development, including a neurological examination to assess the nature and severity of his left foot-drop.

The Veteran's Bartholin's cyst, postoperative, is rated at a maximum of 30 percent due to uncontrolled symptoms not requiring continuous treatment.

The Board has determined that the overpayment of $14,717 in VA pension benefits is valid and denied the Veteran's request for a waiver of recovery due to an untimely submission of the waiver request.

The Board denied the Veteran's claim for an initial compensable disability rating for residuals of exotropia at distance and near, status post bilateral lateral rectus resection.