Other conditions decisions — 2019

The Board found that the overpayment of Chapter 33 Post-9/11 GI Bill educational assistance benefits was not properly created due to mitigating circumstances beyond the Veteran's control, and thus granted the appeal.

The Board denied service connection for residuals of squamous cell carcinoma of the base of the tongue, to include as due to herbicide exposure, finding that there was no evidence linking the condition to active service or herbicide exposure.

The Board denied the Veteran's appeal as the AOJ properly suspended his pension benefits due to him being a fugitive felon from October 24, 2014 to April 27, 2015 and due to his incarceration from March 31, 2016 to March 13, 2017.

The Veteran's pension benefits were reduced due to his receipt of Social Security Administration (SSA) benefits. The decision is remanded for a hearing.

The Veteran's claim for reimbursement of medical expenses incurred at St. Mary’s Medical Center, Paragon Contracting Services, Inc., and City of Palm Beach Gardens on July 9, 2014 is remanded due to insufficient evidence in the claims file.

The Veteran's discharge was not an honorable one, thus he does not meet the eligibility requirements for Post-9/11 GI Bill benefits.

The Board denied service connection for the cause of the Veteran’s death due to lack of evidence showing a chronic disorder during or within one year after his discharge from service. The claim was also denied for accrued benefits and VA death pension.

The Veteran's initial claim for a higher rating for PTSD was granted, with an initial rating of 50 percent.,The Veteran’s claim for service connection for a brain and nerve disability related to Camp Lejeune exposure is remanded.

The Veteran's left lower extremity varicose veins are currently rated at a 10 percent disability rating for the period beginning on September 24, 2014. The claim of an initial disability rating in excess of 10 percent for the entire appeal period is remanded.

The Veteran's request for an extension of his period of eligibility for VA educational assistance benefits under Chapter 30 beyond October 12, 2006 was denied as the application was received over eight years after the one-year deadline and there is no evidence that he had any physical or mental disability preventing him from initiating or completing an educational program.

The Board denied the appellant's claim for recognition as an eligible dependent for VA Dependency and Indemnity Compensation (DIC) benefit purposes, finding that he did not meet the criteria to be deemed a child for purposes of obtaining VA benefits.

The Board has granted the appellant's claim as an eligible dependent for VA Dependency and Indemnity Compensation (DIC) benefit purposes, subject to applicable law.

The Board has remanded two issues: one regarding service connection for a dental condition for outpatient treatment and the other for a compensable rating for eye disabilities. The Veteran needs to provide release forms for his private care providers, lay statements from himself and others who witnessed his symptoms, and VA examination records.

The Veteran withdrew his claim for a TDIU, and the Board dismissed it.

The Veteran's cause of death was not granted an earlier effective date prior to August 11, 2016.

The Veteran's service connection claim for a dental disability, including tooth removal, is denied as there is no evidence of physical injury to the face or mouth during service that would qualify for compensation.

The Board has remanded the case due to insufficient opinions regarding the relationship between the Veteran's service-connected PTSD and his substance abuse, which could affect his cause of death.

The Veteran's service is not considered qualifying for VA nonservice-connected pension benefits due to a lack of 90 days of active duty military service.

The Veteran's claim to restore his competency status for handling VA benefits payments was dismissed because the benefit is already in effect.

The appeal is being remanded due to incomplete records and the need for additional VA-generated documents relevant to the appeal. The Veteran's July 2012 hospitalization at Akron General Medical Center will be reviewed, along with any relevant treatment notes from other facilities.