Other conditions decisions — 2018

The Veteran's claim for a refund of his MGIB contributions is denied because he has not exhausted his entitlement to educational assistance benefits under Chapter 33.

The Veteran's death was not service-connected, and the appellant did not claim service connection for the cause of death. The appeal is denied as there is no legal basis to award any additional amounts than those already awarded.

The Board granted payment or reimbursement of medical expenses incurred on July 4, 2015, at Lehigh Regional Medical Center (LRMC) due to the Veteran's emergency condition and the unavailability of a VA facility.

The Veteran's peptic ulcer, status post partial gastrectomy, disability has been manifested at worst by anemia, occasional nausea and vomiting without weight loss, a one-year period of dysphagia without weight loss, and a brief period of fatigue. The Board finds a rating in excess of 40 percent for the Veteran's peptic ulcer, status post partial gastrectomy, is not warranted.

The Board denied service connection for left knee disabilities, finding that the conditions did not begin during or within one year after separation from service and were not caused by military service.

The Board denied retroactive Dependents' Educational Assistance (DEA) benefits as the appellant did not file her claim within one year of the effective date and VA received her application more than a year after the deadline.

The Board has decided that the case should be returned for further development due to incomplete records and an insufficient VA opinion. The appellant contends that the Veteran's death was caused by a surgery performed by the VA, which led to infection.

The Veteran's request for waiver of overpayment of Chapter 33 educational assistance benefits in the amount of $1,789.66 is granted due to financial hardship and undue hardship resulting from his living paycheck to paycheck at minimum wage.

The Veteran's claim for service connection for fatigue and sleep disturbance is granted, with the latter being secondary to his service-connected PTSD and fibromyalgia. The left ankle disability remains denied.

The Board found that the appellant received death pension benefits to which she was not entitled due to misreported Social Security income, resulting in an overpayment of $24,166.50. The appeal is denied.

The Veteran's gallbladder disorder is granted as secondary to his service-connected diabetes mellitus. The liver disorder case is remanded for further evaluation.

The Veteran's claims for service connection for pancreatic cancer and liver cancer have been dismissed due to his death.

The Veteran received emergency medical treatment for left arm pain and weakness at a private hospital due to his inability to reach a VA facility in time. The Board found that the VA facilities were not feasibly available, thus granting payment for unauthorized medical expenses.

The Board found that the termination of VA benefits during the Veteran's active duty period was proper and denied the appeal.

The Board has granted service connection for a gynecological condition, including a uterine mass, finding that the Veteran's current disability had its onset in service.

The Board has reopened the claim for service connection for cause of death due to new and material evidence, but has remanded it for further action as exposure at Fort Lewis is unclear.

The Veteran's claim for VR&E benefits, including reimbursement for his Westlaw subscription service, was denied due to the AOJ finding that it was not a reasonable accommodation. The case is being remanded as new provisions in the Vocational Rehabilitation & Employment Service Manual have been issued.

The Veteran's request for a waiver of recovery of overpayment of VA compensation benefits was timely filed, but the case is being remanded due to incomplete information.

The Veteran's claim for a waiver of the overpayment of Post 9/11 GI Bill education benefits is remanded due to insufficient information on his current financial status.

The Board denied service connection for a colon disability with polyps, finding that the evidence did not support a direct relationship to service or herbicide exposure.