Other conditions Board decisions

The Veteran's permanent and total disability rating was effective in May 2005, which means the appellant reached her 26th birthday before this date. Therefore, she is ineligible for dependents' educational assistance (DEA) benefits under Chapter 35, Title 38, United States Code.

The Veteran's timely request for a waiver of collection of an overpayment in the amount of $1,068.00 is granted due to the Board finding that recovery would be against equity and good conscience.

The Board found that the moving party did not have a valid marriage under Article 34 of the New Family Code of the Philippines, and therefore could not be recognized as the Veteran's surviving spouse for purposes of VA benefits.

The Board has remanded the case due to a failure to issue a Statement of the Case (SOC) and is now required to do so.

The Veteran's thoracic scoliosis was not found to warrant a higher evaluation prior to April 17, 2012 and from that date until the present, it does not meet the criteria for a rating in excess of 40 percent.

The Board denied the motion to reopen a claim of basic eligibility for VA death benefits, finding that new and material evidence had not been received.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for treatment at Capital Regional Medical Center on July 23, 2009 was denied because the symptoms were not considered emergent and prior authorization from VA was not obtained.

The Veteran's claim for an increased rating for his service-connected right hand weakness, probable dystonia is being remanded due to the need for additional development and examination.

The Veteran's service-connected diplopia has resulted in more than occasional diplopia, and a 30% rating is granted for this condition.

The Board has remanded the case for additional development, including obtaining VA treatment records and private medical records from Dr. H., as well as Social Security Administration (SSA) records. The Veteran's TDIU claim is also being addressed.

The Board found no evidence to support the Veteran's claim that his MDS was caused by exposure to herbicide agents in service, and denied the claim.

The Board granted a disability evaluation of 30 percent for the Veteran's right knee disability, effective as of November 2, 2010. The left knee disability was not addressed in this decision.

The Board has remanded the case for a VA examination to determine if the Veteran's thrombocytosis is related to service, including presumed herbicide exposure. The appeal will be returned to the AOJ after this examination.

The Board has determined that the Veteran's bilateral foot disorder (calluses) is related to service and grants service connection for this condition.

The Board found that the reduction of ratings from 20% to 10% for right and left hand tendonitis was proper, effective February 1, 2009.

The Veteran's claims for a compensable rating for traumatic iritis of the left eye and TDIU are being remanded due to incomplete development. The VA must obtain all available treatment records, including those from the November 2009 VA examination, and provide an opinion regarding the degree of visual field contraction in terms of degrees as specified on Diagnostic Code 6080.

The Board has determined that the Veteran's lung condition is not related to his military service, including any asbestos exposure. The claim for service connection is denied.

The Board denied compensation benefits for a nasal cavity disorder, including a nasal septal perforation causing recurrent epistaxis, under the provisions of 38 U.S.C.A. § 1151 due to lack of fault on the part of VA.

The Veteran's bilateral cataracts were not incurred in or aggravated by his active service, nor may they be presumed to have been incurred due to ionizing radiation exposure. The Board denied the claim on the merits.

The Veteran's claim for educational assistance benefits under Chapter 30 of Title 38, United States Code, was denied as his application was not timely filed.