Other conditions Board decisions

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted effective May 21, 2003. The combined disability rating of 70 percent became effective on that date.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is denied as he does not have any service-connected disabilities.

The Veteran's request for an extension of the delimiting date beyond November 16, 2010 for education benefits was denied as he did not provide medical evidence showing that his disability prevented him from starting or continuing in a program of education.

The appellant is not eligible for VA home loan benefits as he did not meet the criteria of a 'Veteran' under the laws pertaining to the award of VA home loan benefits.

The Veteran's claim for non-service-connected disability pension was denied as he did not meet the mandatory requirement of military service during a wartime period and because he lacks adjudged service-connected disabilities.

The Board denied the Appellant's request for an extension of the delimiting date beyond January 12, 2010 for Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to lack of evidence showing a physical or mental disability prevented her from using her DEA benefits prior to this date.

The Veteran's request for a waiver of repayment of an overpayment of VA education benefits in the amount of $2,514 was granted by the Board. The decision found that recovery would violate principles of equity and good conscience.

The Veteran seeks an initial compensable evaluation for pleural plaques due to asbestos exposure. The claim is being remanded as the VA examination from April 2010 may not have captured the current severity of his disability.

The Veteran died from a service-connected disability (spindle cell sarcoma) and the maximum burial benefit of $1,500 is denied as it exceeds the legal limit for deaths occurring before September 11, 2001.

The Board denied the Veteran's request for educational assistance benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program, finding that her election was irrevocable.

The Veteran's claim for vocational rehabilitation services has been denied based on a finding that he has overcome the effects of his impairment of employability through employment in an occupation consistent with his abilities, aptitudes, and interests. The Board finds additional evidence is needed to determine if this conclusion still holds.

The Board has remanded the case for a detailed accounting of the overpayment and how it was calculated, as well as to provide the Veteran with an opportunity to respond.

The Board denied the Veteran's claim for an extension of his delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill), finding that he did not meet the legal requirements and thus denying the claim.

The Veteran was found to be permanently and totally disabled due to service-connected disability in October 2003. The appellant, who is a child of the Veteran, applied for Chapter 35 DEA benefits but did not elect an effective date within 60 days of notification. As a result, the appropriate effective date is October 31, 2003. The appellant's claim is denied as he does not qualify for additional years beyond his initial eligibility period.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (MGIB) beyond February 1, 2010 is denied as a matter of law because he did not meet the criteria for such an extension.

The Board denied the appellant's claim for an extension of the delimiting date period for DEA benefits beyond December 8, 2000, finding that her eligibility period had already expired and no extension was warranted.

The appellant is not eligible for Chapter 35 dependent's educational assistance because she reached her 26th birthday before the effective date of the Veteran's permanent and total disability rating.

The Board has determined that the overpayment was solely due to VA administrative error and granted a waiver of recovery for $4,119.61 in educational benefits.

The Veteran's claim for an additional 12 months of benefits under the Post-9/11 GI Bill is denied as he has already used up his entitlement under Chapter 30 and cannot exceed a total of 36 months of combined educational benefits.

The Board has remanded the claims for additional development and consideration, including a supplemental opinion regarding the right leg condition. The TDIU claim is also inextricably intertwined with the pending claims.