Other conditions decisions — 2019

The Board has granted a special apportionment of 20 percent of the Veteran's VA disability compensation benefits to the appellant on behalf of S.S. The decision is based on the financial hardship demonstrated by the appellant and the lack of undue financial hardship for the Veteran.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's gastric cancer and pulmonary emphysema are related to his military service, including exposure to herbicide agents.

The Board denied the Veteran's claim for an earlier effective date for his spouse being included as a dependent, finding that the earliest effective date was September 1, 2015.

The Board denied the veteran's request for an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits beyond April [Redacted], 2014, finding no legal basis to grant such a request.

The Board has remanded the issues of service connection for second toe deformity, an initial disability rating in excess of 10 percent for painful scars of the right ankle and left great toe, service connection for an acquired psychiatric disorder to include PTSD and paranoid schizophrenia, and entitlement to service connection for nerve damage.

The Veteran's service was determined to be Initial Active Duty Training, which is not qualifying for Post-9/11 GI Bill or Reserve Educational Assistance Program (REAP) benefits. The appeal is denied as the Veteran did not meet eligibility criteria.

The Veteran's claim for service connection of his bilateral hip injury is being remanded due to the need to obtain missing service personnel records.

The Veteran's application for Post-9/11 GI Bill education benefits was denied because he did not meet the required qualifying service criteria, specifically having less than 90 days of active duty service after September 10, 2001.

The Veteran's eligibility for Post-9/11 GI Bill (Chapter 33) education benefits is denied as he does not have any other periods of active service to qualify him for Chapter 33 benefits.

The Board denied service connection for muscle cramps in the neck, chest and/or legs, other than a lung disability to include as secondary to PTSD. The lung disability claim was remanded, and the testicular pain claim is also remanded.

The Board of Veterans' Appeals has denied the appellant's claim for nonservice connected death pension benefits due to her annual income exceeding the maximum annual pension rate (MAPR) from March 23, 2010, to January 1, 2015, and beginning March 1, 2018. The MAPR was $7.933 in 2010 and increased to $8,830 starting in 2017.

The Board finds that the overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits for the Veteran's daughter is not valid due to administrative error by VA, and therefore grants the benefit sought.

The Veteran's surviving spouse was not due any unpaid VA monetary benefits at the time of her death, and therefore the claim for accrued benefits is denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's central hypogonadism is related to his service-connected PTSD or other mental disorders. An addendum opinion is needed from a VA clinician.

The Veteran's non-VA medical expenses incurred during a hospitalization at Southeast Georgia Medical Center-Camden Campus on December 23, 2012 are now covered by VA.

The Board has reopened the claim for service connection for myelodysplastic syndrome with secondary proximal nocturnal hemoglobinuria due to new and material evidence, including a previous favorable decision granting presumptive service connection. Service connection is now granted based on direct evidence linking the condition to herbicide agent exposure in service.

The claim for an earlier effective date of February 27, 1997 for the left inguinal hernioplasty is dismissed.,The claim for service connection for epididymitis as secondary to left inguinal hernioplasty is denied due to lack of timely appeal.

The Veteran's appeal is denied as she does not meet the criteria for eligibility to Post 9/11 GI Bill (Chapter 33) education benefits.

The Veteran's appeal includes a claim for an increased rating for his residuals of status post right ACL reconstruction, and also the propriety of a reduction from 30 to 10 percent. The case is being remanded due to new evidence received after the July 2016 statement of the case.

The Veteran's son does not have spina bifida and his mother is not a Vietnam Veteran, so the claim for benefits under 38 U.S.C. §§ 1805 or 1815 fails.