Other conditions Board decisions

The Veteran claims compensation under 38 U.S.C.A. � 1151 for a heart disability status post aortic valve replacement as a result of treatment at the CAVHS between February 1, 2007 and May 1, 2007. The Board finds that additional VA treatment records are needed to fully adjudicate this claim.

The Veteran's current spouse, B.G., is granted spousal dependency allowance as her marriage to the Veteran was valid and she is his current dependent.

The Board found that the Veteran's alpha-1 antitrypsin deficiency clearly and unmistakably preexisted service, and thus granted service connection for this condition as it was aggravated by active service.

The VA determined that the Veteran's increased disability following a biopsy of the mediastinum performed by VA in February 2009 was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran's claim for an earlier effective date for additional compensation for a dependent child based on school attendance is denied as the evidence does not show that a timely claim was filed within one year of D's commencement of course of study.

The Board found that the overpayment was valid and denied the Veteran's request for waiver of recovery due to his fault in creating the debt, as he failed to report his incarceration. The Board also determined that repayment would not cause undue hardship.

The Board denied the appellant's claim of entitlement to recognition as the Veteran's surviving spouse for VA death benefits purposes, finding that new and material evidence had not been submitted. The appeal was dismissed.

The Veteran's service-connected left foot disorder does not meet the percentage requirements for a TDIU under the schedular criteria. The Board finds that referral to the Director of Compensation and Pension Services for extraschedular consideration is not warranted as there is no evidence indicating the Veteran is unemployable due to his service-connected disability.

The Veteran's claim for an initial compensable rating for chronic suppurative otitis media prior to April 16, 2012 was denied. The claim for a higher rating in excess of 10 percent for the service-connected chronic suppurative otitis media beginning on April 16, 2012 is also denied.

The Board has reopened the appellant's claim and granted her recognition as the surviving spouse of the Veteran for purposes of VA benefits. The appellant was legally married to the Veteran in April 2000, and she is entitled to VA death benefits.

The appellant's appeal has been withdrawn, and his case is dismissed.

The Board has determined that the appellant is not entitled to more than 21 months of Post-9/11 GI Bill educational benefits due to a prior VEAP benefit, and thus denied his claim.

The Board has determined that the Veteran's cause of death was due to Moyamoya disease, which had its onset during his active service. As such, the claim for service connection for the cause of the Veteran's death is granted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of entitlement to service connection for Guillain-Barre syndrome will be reconsidered based on the new evidence.

The Veteran's cause of death, carcinomatosis due to or as a consequence of carcinoma of the esophagus, is not service-connected and there is no evidence linking it to herbicide exposure during service.

The Board has determined that the Veteran's left eye disability is not due to VA carelessness, negligence, or similar fault. The complication was a foreseeable event.

The Veteran's service-connected hidradenitis suppurativa is currently rated at 10 percent, and the issues of entitlement to higher initial disability ratings for both conditions have been denied.

The Veteran's prostatitis disability is currently rated at 40 percent, and the evidence does not support a higher rating based on voiding dysfunction or urinary tract infection.

The Board has determined that a disability rating of 10 percent for the facial tic, right side, prior to August 16, 2011, and in excess of 30 percent thereafter is warranted. For the period beginning August 16, 2011, the Veteran's residuals of fractured maxillary sinus wall with nerve damage to the right side of the face are rated at 30 percent.

The Board denied the appellant's appeal because his notice of disagreement (NOD) was not timely filed within one year of the September 2011 RO decision.