Other conditions Board decisions

The Veteran's service-connected bilateral patellofemoral syndrome has been rated at 10 percent since January 25, 2006. The reduction from 20 percent to 10 percent was proper as the disability had not been in effect for five years or more.

The Board denied the Veteran's claims for service connection for a cardiovascular disability and an increased rating for her right knee disability, finding that there was no evidence of such disabilities during active duty or IADT. The Board also found that the current diagnoses did not meet the criteria for service connection.

The Veteran's claim for an earlier effective date for additional compensation for a school-age dependent attending an educational institution was granted, with the earliest possible effective date being January 9, 2008.

The Veteran does not have a current diagnosis of an acquired psychiatric disorder, and his claim for service connection is denied.

The Veteran's claims for earlier effective dates for service connection, TDIU, and DEA eligibility have been denied as there is no evidence of a claim prior to February 28, 2005. The Board finds that the Veteran does not meet the criteria for an earlier effective date.

The Veteran's claim for an effective date earlier than September 26, 2008 for the grant of a total disability rating based on individual unemployability (TDIU) was denied as it is not factually ascertainable that he was unable to obtain or maintain substantially gainful employment due to his service-connected disabilities within one year prior to the receipt of his claim.

The Veteran's cervical spine condition, including C5-6 spondylosis and degenerative changes, is being remanded for further examination to determine if it is related to his service.

The Veteran's appeal is remanded due to insufficient information regarding the creation of his overpayment debt. The VA needs to provide a detailed record explaining how the $1,922.80 debt was created and related to his other debts.

The Veteran's death was not due to a service-connected condition, and the appellant has no legal entitlement to accrued benefits.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board finds that the Veteran has no legal entitlement to Chapter 30 (MGIB) benefits in excess of 5 months and 12 days, as his combined VA education benefits are limited by statute and regulation to 48 months. The claim is denied.

The appellant's service predates September 10, 2001, and therefore he is not eligible for benefits under the Post-9/11 GI Bill.

The appellant's spouse did not perform active military service in the Armed Forces of the United States and therefore is not considered a veteran for VA death benefits purposes.

The Veteran's cause of death was esophageal cancer, which the VA examiner determined was not caused by or a result of his active service. The appellant is therefore denied entitlement to service connection for the cause of the Veteran's death and DIC under 38 U.S.C.A. § 1318.

The Veteran's cold injury residuals, including onychomycosis of the toenails and skin abnormalities of both feet, as well as arthritis of both hands, are found to be due to in-service exposure to cold weather conditions. The Board grants service connection for these conditions.

The Board denied the Veteran's request for waiver of an overpayment of nonservice-connected pension benefits, finding that repayment would not cause undue financial hardship and was against equity and good conscience.

The Board has remanded the case due to insufficient information regarding the Veteran's course load and potential overpayment. The claim will be reconsidered in conjunction with a decision on whether a waiver of recovery is warranted.

The Veteran's claim for retroactive DEA benefits prior to March 10, 2010 is denied as the appellant's original application was not received within one year of entering an education program.

The Board denied the Veteran's appeal, finding that he made an irrevocable election for Chapter 33 (Post-9/11 GI Bill) education benefits in lieu of Chapter 30 (MGIB) education benefits effective May 9, 2011.

The appellant is seeking an extension of the delimiting date for Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The Board denied her claim as she was not prevented from initiating or completing her educational program due to a physical or mental disability affecting her.