Other conditions Board decisions

The Veteran is entitled to the higher 60 percent rate for his REAP benefits payments due to sufficient continuous active service.

The Veteran's appeal for restoration of a 40 percent disability rating for his thoracolumbar spine disability from September 1, 2010 was granted. The reduction in the disability rating was improper due to inadequate evidence at the time of the reduction.

The Veteran's surviving spouse was granted an aid and attendance allowance, but the funds were withheld due to competency issues. The appellant failed to file a claim for accrued benefits within one year of the surviving spouse's death.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of earlier effective date claims on the basis other than CUE.

The Veteran's service-connected hyperpigmentation has been rated at 30 percent since July 18, 2005. The RO is instructed to schedule the Veteran for a VA examination and review his medical records to determine if his condition warrants an increased rating.

The Veteran's appeal is being remanded due to failure to report for a scheduled hearing. The case will be returned to the Board after the requested Travel Board hearing.

The Veteran's claim for waiver of recovery of an overpayment of VA compensation benefits in the amount of $6,335.43 was denied as there was no fraud, misrepresentation or bad faith on his part with respect to the creation of the overpayment at issue and recovery would not be against equity and good conscience.

The Veteran's claim for payment/reimbursement of unauthorized medical expenses incurred on March 21, 2009 was granted as the criteria under 38 U.S.C.A. § 1728 were met.

The Board found that the Veteran did not make an irrevocable election for education benefits under the Post-9/11 GI Bill program in lieu of benefits under the MGIB program, thus denying the claim.

The Board has determined that the appellant's complete military personnel file must be obtained to determine her eligibility for VA educational assistance benefits under Chapter 1606, Title 10 of the United States Code. The case is REMANDED for this purpose.

The Board denied an earlier effective date prior to June 15, 2010 for the award of death pension benefits due to the appellant's failure to submit a Veteran's death certificate within one year after her original claim was received in August 2008. The earliest possible effective date is the date her reopened claim was received, June 15, 2010.

The Veteran requested an earlier effective date for his election to receive educational benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill. The Board found that the error was due to a misunderstanding and granted the request for an effective date of March 22, 2010.

The appeal is being remanded due to the Veteran's request for a Travel Board hearing. The case will be returned to the RO after scheduling the hearing.

The Board found no fault on the part of the Veteran in creating the overpayment, but determined that recovery would not be against equity and good conscience due to factors such as lack of undue hardship or defeat of benefit purpose.

The Veteran and his spouse were appointed as legal guardians of the appellant, but no decree of legal adoption was ever sought or obtained. The appellant is not considered a qualifying child for DEA benefits under Chapter 35 due to lack of biological, adopted, or stepchild relationship.

The Veteran's election for educational benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill is irrevocable and cannot be rescinded.

The Veteran's RLS is found to be the result of her service-connected migraine headaches, and thus granted.

The Board has determined that the Veteran's current costochondritis is not related to his military service and denied his claim for service connection.

The Veteran's service-connected insomnia is currently rated as 10 percent disabling, effective July 9, 2012. The disability causes occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress.

The Veteran's claim for an increased rating for his service-connected traumatic brain injury residuals is being remanded due to the need for a new examination and consideration of the amended rating criteria.