Other conditions decisions — 2019

The Veteran's eligibility for Post-9/11 GI Bill educational benefits under Chapter 33 is granted due to the initial meeting of criteria, despite having already used their active duty service period for Chapter 30 benefits.

The Board has decided to remand the case due to incomplete information regarding the Veteran's use of educational assistance benefits under Chapter 31 and Chapter 33. The AOJ needs to provide a clear accounting of all VR&E and Chapter 33 benefits used by the Veteran.

The Board has ordered a remand to review the calculation of an overpayment in VA educational assistance benefits, and to determine if the creation of this overpayment was valid. The Veteran's appeal also includes consideration of whether the overpayment should be waived.

The Board found that the reduction in VA disability compensation for recoupment of military drill pay was proper and denied the appeal.

The Veteran's claim for a compensable disability rating for his right ring finger disability is denied as the condition has been assigned the maximum schedular rating available.

The Veteran's claim for service connection for anemia was reopened and granted with an effective date of August 12, 1996 due to clear and unmistakable error in a previous rating decision.

The Veteran's claims for additional disabilities, including prostate damage due to catheter insertion, neurological damage to the bilateral legs, neurological damage affecting his side, and internal bleeding resulting from VA medical treatment in April 2010, have been denied.,There are no additional disabilities shown as a result of the VA medical care provided.

The Board has determined that the Veteran's request for waiver of recovery of overpayment of non-service-connected pension benefits in the amount of $11,470.00 was timely due to a notice error by VA and remanded for further development.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Appellant’s claim of entitlement to service connection for the Veteran’s death for the purpose of receiving DIC due to potential exposure to Agent Orange during service. The Board also finds it necessary to remand this matter to obtain a medical opinion regarding whether the Veteran's stomach symptoms in service are related to his fatal abdominal cancer.

The Veteran's death was not within the 15-year period after separation from service or within one year of marriage, and no children were born of the marriage. The appellant did not meet the requirements for recognition as a surviving spouse for DIC benefits.

The Veteran's daughter applied for Dependents' Educational Assistance (DEA) benefits prior to April 13, 2015. The VA denied the application as it was not received within one year of notification that basic eligibility had been established.

The Veteran's cause of death is remanded for further medical opinions to determine if his MDS contributed to his death and if his nasopharyngeal cancer/maxillary sinus cancer was related to service, including exposure to burn pits.

The Veteran's claim for service connection for postoperative residuals of a benign meningioma is being remanded due to conflicting medical evidence and the need for further examination.

The Board has granted the Veteran's petition to reopen his claims for service connection for degenerative joint disease of both knees, but denied the claims themselves due to lack of evidence linking the current conditions to service.

The Board denied the Veteran's appeal as the overpayment debt of $14,918.00 was properly created due to the Veteran's failure to notify VA of his divorce and removal from his spouse.

The Veteran's service qualifies for a 100% rate of pay under the Post 9/11 GI Bill due to his qualifying active duty service after September 10, 2001.

The Board has determined that the Veteran's residuals of a fractured nose were incurred in service and granted service connection for this condition.

The Board has determined that a new examination is needed due to the Veteran's report of worsening symptoms since his last VA examination, which was nearly four years ago.

The Board denied the Veteran's request for an effective date prior to March 6, 2017 for adding his spouse K.M. as a dependent to his VA disability compensation award.

The Board denied the Veteran's claim for a waiver of overpayment of Post-9/11 GI Bill education benefits due to lack of fault on VA's part, no evidence of undue financial hardship or detrimental reliance, and failure to make restitution resulting in unjust enrichment.