Other conditions decisions — 2020

The Veteran's residuals of abdominal GSW have been granted a 30 percent disability rating, effective February 25, 2015. The deep nonlinear scar and painful linear scars associated with the condition are not rated higher.

The Board has determined that the reduction of the Veteran's disability rating for hairy cell leukemia from 100% to 30%, effective July 1, 2018, was proper.

The Board has remanded the case due to a need for further development and examination, including a VA hand examination.

The Board denied the Veteran's claim for service connection for TMJ dysfunction, finding that there was no evidence of a current disability related to his active service.

The Board denied the Veteran's claim for an earlier effective date for a 10% evaluation for residuals of left facial nerve loss status post acoustic neuroma, finding that it was not factually ascertainable that there had been an increase in disability one year prior to his July 2014 claim.

The Board has denied the Veteran's claims for service connection for both left and right inguinal hernias, finding that there is no clear and unmistakable evidence of preexisting conditions or aggravation during service.

The Board has remanded the case due to uncertainty regarding the Veteran's service in Vietnam and whether he was exposed to herbicide agents. The claim will be further developed to determine these issues.

The Board denied the Veteran's claim for service connection for chronic myeloid leukemia (CML), finding that there was no evidence linking CML to his military service or any incident therein, including exposure to herbicide agents and/or other hazardous materials.

The Veteran's claim for eligibility to receive educational assistance benefits under the Post-9/11 GI Bill is granted as she revoked her Chapter 30 eligibility and made an irrevocable election for Post-9/11 GI Bill benefits.

The Board has determined that additional due process rights are applicable and will remand the claim as below. The matter is REMANDED for the following action: contact the VA Office of Inspector General (OIG) to determine if the Veteran was a 'fugitive felon' in accordance with 38 U.S.C. § 5313B.

The veteran's daughter has spina bifida occulta, which does not qualify for benefits under the Vietnam Veteran provisions.

The Board has decided that a VA examination is needed to determine if the Veteran's right eye disability, diagnosed as posterior vitreous detachment, is related to his military service.

The Board denied service connection for an eye disability as the Veteran does not have a current eye disability.

The Board denied the Veteran's nonservice-connected pension benefits due to his income exceeding the maximum allowable pension limit for a Veteran with no dependents.

The Board denied the appellant's claim as she was not recognized as the valid surviving spouse of the Veteran for VA purposes due to her prior marriage and lack of cohabitation with the Veteran.

The Board has determined that the recoupment of Voluntary Separation Pay (VSP) in the amount of $45,042.07 is valid and must be carried out as per VA policy.

The Veteran's service did not meet the requirements for eligibility under Chapter 33 of the Post-9/11 GI Bill, as he did not serve a minimum of 90 days on active duty after September 10, 2001. The Board denied his claim.

The Veteran's claim for financial assistance for specially adapted housing or special home adaptation is dismissed because such benefits cannot be paid after the death of the veteran.

The Board has determined that the matter is not ripe for appellate review due to procedural issues, and it is remanded for further action.

The Veteran's son, the appellant, seeks reimbursement for medical expenses paid by his father to a nursing home. The Board denied this claim as it was not filed within one year of the Veteran's death.