Other conditions decisions — 2018

The Veteran's claims for service connection for dizziness, blurred vision, and fatigue have been reopened. The Board found new and material evidence to support these claims.

The Board found that the calculated amount of retroactive DIC benefit payments was proper, but denied the appeal due to a violation of concurrent benefit payment prohibitions.

The Board has decided to remand the case due to insufficient evidence regarding whether a perforated right eardrum existed prior to service and was aggravated by service. The Veteran needs to provide VA treatment records, complete a VA Form 21-4142 for any relevant medical providers, and undergo an examination to determine if his current perforated eardrum is related to in-service noise exposure or aggravation of pre-existing conditions.

The Veteran's claims for service connection have been reopened, but the appeals are not granted as there is no evidence to support the claims.

The Board has found the April 2015 VA medical opinion inadequate and requires an addendum to determine if the Veteran's sleep disorder is related to service.

The VA denied a request for an earlier effective date for the establishment of J.F. as a dependent for the purposes of the dependency allowance, citing that no claim was received prior to December 9, 2013.

The appellant is not eligible for Dependents Educational Assistance (DEA) benefits because she was over the age of 26 when her eligibility for DEA benefits was established.

The Veteran's claim for a dental disability is denied as the evidence does not support a finding of any missing teeth or bone and tissue loss due to trauma, which would be compensable.

The Veteran's claim for additional VA educational assistance benefits under the Post-9/11 GI Bill was denied as of January 22, 2016 due to exhaustion of his entitlement.

The Board denied the Veteran's claim for an effective date earlier than September 28, 2015, for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as no formal or informal claim was filed prior to September 28, 2015.

The Board denied the Veteran's claim for service connection for a respiratory condition, including nasopharyngitis, finding that there is not sufficient evidence to show that his current condition is related to his service.

The Veteran's panic disorder is not considered service-connected because it did not occur during active military service, and the training he received as part of his ROTC program does not qualify for veterans' disability benefits.

The Board has determined that the overpayment of VA compensation benefits was due to sole administrative error by VA, and not the Veteran's actions. The appeal is granted.

The Board has remanded the case due to insufficient evidence and for additional development, including obtaining service treatment records and private medical records.

The Board is remanding the case due to insufficient information provided by NPRC regarding the appellant's claims folders. The AOJ must request these folders from the Army or NPRC.

The Board denied the waiver of recovery of an overpayment of VA improved death pension benefits, finding that the Appellant was at fault for not reporting her retroactive SSA payment and that VA was also at fault in delaying termination of her benefits. The Board concluded that recovery would not be against equity and good conscience due to lack of fraud or bad faith on the part of the Appellant.

The Veteran's death was not service-connected, and the appellant is seeking to have a portion of his deceased father's accrued benefits returned. The appeal is remanded for further investigation into whether the funds were returned.

The Board denied service connection for aortic aneurysm as the evidence did not show it had its onset in service or was otherwise related to service.

The Board has granted an initial 20 percent rating for chronic keratoconjunctivitis sicca (dry eye syndrome) and remanded the issue of service connection for other eye disabilities. The Veteran's dry eye syndrome is pathologically related to impairment of the lacrimal apparatus, warranting a 20 percent rating under DC 6025. Other issues are also being remanded for further development.

Service connection for dental trauma is granted, and a separate rating of 10 percent is granted for degenerative joint disease of the right index finger.,Degenerative joint disease of the right middle finger is denied as it does not meet the criteria for a higher rating.