Other conditions decisions — 2019

The Board has determined that further development is needed to clarify how the overpayment of $965.70 in housing allowance was calculated, and has remanded the case for this purpose.

The Board is remanding the case to determine if the appellant can be reimbursed for her mother's last illness and burial expenses.

The Veteran's application for Post-9/11 GI Bill education benefits was denied because she did not make an irrevocable election to relinquish eligibility under the Reserve Educational Assistance Program (REAP) in order to receive the benefits. She was not entitled to REAP benefits at the time of her application.

The Board denied the Veteran's claim for service connection for bicuspid aortic valve due to his service-connected sleep apnea, finding that there was no causal relationship between the two conditions.

The Veteran's appeal is denied as she did not have remaining eligibility for Post-9/11 GI Bill benefits after exhausting her 36-month limit, and VA representatives' assurances were not legally binding.

The Board has determined that the Veteran is entitled to a payment of Post-9/11 GI Bill education housing allowance benefits for the period from October 13, 2015, to October 28, 2015.

The Board found that the Veteran does not suffer from an additional disability caused by VA carelessness, negligence, or fault during her February 2004 wrist surgery. The evidence did not support a finding of causation.

The Board has restored a 100% disability rating for non-Hodgkin's lymphoma, finding that the preponderance of evidence does not establish remission and active disease is present.

The Veteran's eligibility for Post-9/11 GI Bill (Chapter 33) education benefits was granted because she intended to apply for Chapter 33, but submitted the application for Chapter 30 initially. The point of irrevocability had not been reached and her request to change her election to Chapter 33 educational benefits was allowed.

The appeal was dismissed due to the death of the appellant.

The Veteran's permanent and total service-connected disability qualifies him for Dependents' Educational Assistance (DEA) benefits.

The Board has decided that the Veteran's respiratory condition, claimed as nodules and polyps on both lungs, may be related to exposure to Agent Orange during service. However, due to lack of examination for this claim, the case is being remanded to schedule an appropriate examination.

The Veteran's vesicoperineal fistula following VA abdominal perineal resection surgery is not considered to be caused by or the result of VA care, and therefore compensation under 38 U.S.C. § 1151 for qualifying additional disability of the bladder is denied.

The Veteran's appeal is denied as the debt resulting from an overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits was properly created. The issue of entitlement to a waiver of overpayment is remanded.

The Veteran's cause of death was determined to be metastatic brain cancer, which resulted from squamous cell carcinoma. The Board found that the evidence does not support a causal link between the Veteran's exposure to herbicide agents and his development of squamous cell carcinoma, thus denying service connection for the cause of death.

The Veteran's claim for service connection for throat cancer, including as due to herbicide exposure (Agent Orange), is being remanded because the VA has not provided an adequate opinion regarding whether his esophageal cancer may be related to his in-service herbicide exposure.

The Veteran's appeal for service connection for a respiratory disability, including as due to in-service exposure to an herbicide agent or in-service chemical exposure, has been dismissed because the appellant died during the pendency of the appeal.

The Veteran's initial claim for a disability rating in excess of 10 percent prior to October 6, 2018, and in excess of 60 percent thereafter was denied. The Board found that the evidence did not meet the criteria for an increased rating.

The Board denied the appellant's claims for service connection as he did not have recognized military service, and thus could not establish a basis for VA compensation.

The Veteran's claim for an increased rating for bilateral pinguecula is being remanded due to the need for additional VA examination and records, as well as a request for more information from the Veteran regarding his treatment.