Other conditions Board decisions

The Veteran's claim for a higher rating for his service-connected laceration of the scalp residuals is being remanded due to the need for additional examination and development.

The Veteran is seeking service connection for reduction mastectomy, which she claims was performed to treat her service-connected degenerative disc disease. The VA examiner's opinion did not address whether the DDD caused or aggravated the need for breast reduction surgery.

The Veteran's right hip bursitis is rated at 20 percent disabling, and a TDIU remains in effect as of January 8, 2010.

The Veteran seeks service connection for Hodgkin's disease, which he believes is related to herbicide exposure during his time in Thailand. The case has been remanded due to the need to confirm if herbicides were used at the Marine Air Base where the Veteran served.

The Veteran's appeal for reimbursement of unauthorized medical expenses incurred in January 2009 has been dismissed due to the death of the appellant.

The Board has determined that basic eligibility to receive accrued benefits is granted. However, the claim for nonservice-connected pension and SMP based on the need for aid and attendance remains pending and needs to be adjudicated by the AOJ.

The Board found that the termination of NSC pension benefits, effective February 1, 2010, due to an increase in countable income was proper.

The Veteran was granted service connection for urinary incontinence, with the Board finding that her symptoms began during active duty and were related to her deliveries of macrosomic infants.

The Board found that the overpayment for the period from October 1, 1994 to August 31, 1995 was valid and granted the appeal for the period from September 1, 1995 to February 1, 2002.

The Veteran's post-operative residuals of ventral hernias are rated at 20 percent, and his post-operative scars related to hernia repair are noncompensably disabling.

The Board has determined that the appellant's claim for DIC and nonservice-connected death pension benefits, for accrued benefits purposes is remanded due to the need for additional development of her status as a substituted party.

The Board found that the Veteran's death was not caused by a service-connected disability and denied both the claim for service connection for the cause of death and the claim for special monthly pension or compensation based on need for aid and attendance, or being housebound.

The Veteran's claim for an earlier effective date for the grant of service connection for ocular histoplasmosis was denied. The Board found that the appropriate effective date is November 9, 2009, as it is later than the date entitlement arose.

The VA treatment in September 2004, including the prescribed medications, did not cause the Veteran's death due to drug overdose and alcoholism. The Board finds that there is no evidence supporting a claim for VA disability compensation under 38 U.S.C.A. § 1151.

The Board found that the overpayment was not validly created due to a mistake in reporting the Veteran's son's date of birth, which resulted in an overpayment. The Veteran's son was under the age of 23 and continuously enrolled in school at the time of the creation of the overpayment.

The Veteran's appeal is denied as he does not have legal entitlement to transfer more than 22 months and 8 days of education assistance benefits to the Chapter 33 (Post-9/11 GI Bill) program for his son.

The Veteran withdrew his appeal before the Board could make a decision, thus the case is dismissed.

The Veteran's claims for service connection and SMC have been denied. The issue of whether new and material evidence has been submitted to reopen a claim for service connection for pulmonary tuberculosis, claimed as pulmonary disease, is also denied.

The Veteran's initial four years of active duty as a commissioned officer were excluded from the service countable for Post-9/11 GI Bill benefit purposes, leaving him with 382 days of qualifying active duty. This entitles him to 60 percent of the maximum rate (i.e., at least 90 days but less than 12 total months of active duty).

The Board found that there is no evidence of varicose veins during service and the Veteran's current condition does not meet the criteria for service connection as it cannot be linked to his military service.