Other conditions decisions — 2019

The Board found that the appellant's discharge from service was under other than honorable conditions due to multiple periods of absence without leave (AWOL) lasting over 180 days. The Board concluded there were no compelling circumstances justifying these absences, and thus denied the claim for VA benefits.

The Board has remanded the case due to insufficient development of evidence regarding the overpayment and waiver issues. The Veteran needs a payment history from the Department of Labor, an explanation of his overpayment debt, and a Statement of the Case on the waiver issue.

The Veteran's son is entitled to Chapter 33 educational assistance benefits at the 90 percent level based on his father's qualifying active duty service. The appellant disagrees and believes he should receive 100 percent of the benefits, but the Board finds no legal basis for a higher rate.

The Veteran's left hand disability, including numbness and loss of strength, has worsened. The Board finds that a new VA examination is needed to assess the current severity of his condition.

The petition to reopen the previously denied claim for service connection for spine disability is granted. The Board finds that new and material evidence has been received to reopen the claim, but remands the case for a VA examination to determine if there was aggravation of preexisting spine disability during service.

The Board has determined that further development is needed to determine the correct calculation of overpayment amounts for educational assistance benefits. The Veteran's appeal will be remanded for a detailed accounting of all payments made and how they were calculated.

The Board has remanded the case due to insufficient information regarding the Veteran's use of Chapter 1606 benefits and overpayment calculations. The AOJ is instructed to obtain all relevant records, prepare a detailed accounting of the overpayments, and refer the matter for review by the Committee on Waivers and Compromises.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further action.

The Board denied service connection for bilateral hernia as there is no current disability and the Veteran did not have a hernia during his active service.

The Veteran's daughter, T.P., was removed from his award of VA disability compensation effective June 1, 2015 because she had stopped attending school. The Veteran appealed for additional compensation for T.P. for school attendance beyond June 1, 2015. After reviewing the evidence, the Board found that the application for additional compensation was not timely filed and denied the claim.

The Veteran's claim for Chapter 33 educational assistance benefits was denied because his periods of service were used to establish eligibility for other programs, and he cannot receive benefits under multiple programs concurrently.

The Veteran received medical services at Memorial Hospital due to black stools. The condition was deemed an emergency and a prudent layperson would have expected immediate attention, as instructed by the VA nurse. There were no feasible VA facilities available within a reasonable time frame. Therefore, payment or reimbursement is granted.

The Veteran's service does not meet the requirements for basic eligibility for VA nonservice-connected pension benefits as he did not serve a qualifying period of active duty during a war.

The appeal is dismissed because the appellant died during the pendency of the appeal, and their claim has become moot.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's attributable household income for 2005 exceeded the VA National Means Test threshold, and therefore his eligibility category was changed from copay exempt to copay required in the VA healthcare system.

The validity of the Chapter 33 education benefits overpayment and entitlement to Chapter 33 education benefits for a specific term are being remanded due to unclear debt information.

The Board has determined that the Veteran's period of active duty service from September 30, 2012 to September 29, 2017 qualifies as active duty for purposes of Post-9/11 GI Bill benefits. As a result, the overpayment of housing allowance is being remanded for further development.

The Board denied service connection for trigger finger, finding no evidence of an in-service injury or disease related to the condition.

The Board denied the appellant's claim for retroactive Dependent's Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 because he was already 26 years old when basic eligibility to DEA benefits was established, and therefore ineligible as a matter of law.