Other conditions Board decisions

The Veteran's appeal is denied as he does not have legal entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) due to the fact that his eligibility for these benefits has already been determined and cannot be increased.

The Veteran's son seeks reimbursement for unauthorized medical expenses incurred at Butler Memorial Hospital from May 12, 2010 through May [redacted], 2010. The VA denied the claim as the appellant is not eligible for reimbursement under applicable laws and regulations due to his father having health insurance coverage through Medicare.

The Board found that the Veteran was not a fugitive felon prior to March 2007, and therefore the debt of $34,502.93 for benefits received during this period is valid. However, any portion of the debt allocable to the period from July 1, 2007 onward is also valid due to his fugitive felon status at that time. The Veteran's request for waiver of recovery of any portion of the debt was not granted.

The Board found that the Veteran's right eighth rib fracture residuals do not meet the criteria for a compensable evaluation as there is no evidence of removal or resection without regeneration.

The Veteran's claim of overpayment of spousal dependent allowance is being remanded for issuance of a Statement of the Case.

The Veteran's claim for service connection for a dental disability, to include as secondary to his service-connected sinus disability, is denied because he does not have a current compensable dental condition.

The Veteran's claims for service connection were granted for blackheads and gland problems of the face, skin disorder other than on the face and ears, and fatigue of the arms and legs. The claim for a respiratory disorder was denied due to lack of evidence linking it to herbicide or mustard gas exposure.

The Board has ordered a remand due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Veteran's appeal for a higher disability rating and TDIU was denied. The reduction from 100% to 40% for residuals of adenocarcinoma of the prostate was upheld, but the Veteran is not entitled to restoration of the 100% rating.

The Board found that the Veteran was not entitled to educational assistance benefits due to fraud, and thus the overpayment of $13,620.67 is valid.

The Board has remanded the case for further development to determine if the Veteran was exposed to ionizing radiation during service, and to obtain a VA examination to assess any eye disability and left arm disability. The issues of entitlement to service connection remain on appeal.

The Board has granted service connection for calluses of the right foot, finding that they are related to service and resolving all reasonable doubt in favor of the Veteran.

The Board denied reopening a previously denied claim for service connection for a psychotic disorder, finding that the Veteran did not appeal the denial within one year and that no new and material evidence had been received. The motion to revise this decision based on clear and unmistakable error (CUE) was denied.

The Veteran's claim for a compensable disability evaluation prior to September 8, 2010, and an evaluation in excess of 20 percent from that date was partially granted by the Board. The decision is vacated due to procedural issues.

The Board has vacated the previous decision and granted service connection for right humeral head lesion as secondary to service connected thoracic outlet syndrome due to whiplash injury.

The Veteran's cause of death, metastatic colon cancer, was not caused by or related to his service, including exposure to ionizing radiation. As a result, the claim for service connection for the cause of the Veteran's death is denied.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA death benefits purposes due to the lack of a valid marriage prior to the Veteran's death, despite her arguments and assertions.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected degenerative joint disease of the thoracic spine is being remanded due to the need for a new VA examination.

The Veteran's appeal for a waiver of recovery of an overpayment of VA disability benefits in the amount of $18,179.00 was denied because he misrepresented material facts and committed acts of bad faith.

The Board has determined that the overpayment of $18,283.00 in VA pension benefits was properly created due to the Veteran's concurrent receipt of SSA disability benefits.