Other conditions Board decisions

The Veteran is seeking education benefits at the 100 percent level under the Post-9/11 GI Bill. The RO denied her claim based on the fact that only a portion of her service after May 28, 2003 qualified for the benefit due to a waiver of active duty service commitment. Additional development is required to determine if she had over 36 months of qualifying service.

The Board granted the Veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that it would be against equity and good conscience to recover the funds due to financial hardship.

The Veteran's request for a waiver of recovery of an overpayment of VA service-connected compensation benefits was denied because the creation of the debt was due to some fault on the part of the Veteran, and recovery would not be against equity and good conscience.

The Veteran's widow's claim for death pension benefits with special monthly compensation was denied due to insufficient evidence. The Board has determined that the claims file contained sufficient evidence at the time of her claim to show she was the Veteran's surviving spouse, and thus the appellant is entitled to reimbursement of the last illness and funeral expenses of the Veteran's widow.

The Board found no current diagnosis of a liver disorder and concluded that the Veteran's elevated liver enzymes were not related to service, thus denying his claim for service connection.

The Board granted a 10 percent evaluation for the Veteran's service-connected anal fistula, effective July 27, 2007. The claim of service connection for prostate cancer was withdrawn by the Veteran prior to the decision.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current right great toe disorder is related to his active service.

The Board has determined that the appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 of the United States Code due to a lack of eligibility based on specific regulatory criteria.

The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because he reached his 26th birthday before the Veteran's permanent and total disability rating was effective.

The Veteran's appeal for a higher rate of payment under the Reserve Educational Assistance Program (REAP) is denied as he did not serve for at least one continuous year on active duty, which is required for the 60% REAP payment rate.

The Veteran's claim for additional educational assistance under the Post-9/11 GI Bill is denied as his entitlement period is limited to one month and 28 days due to unused Chapter 30 benefits.

The Board has determined that the appellant is eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, as her delimiting date has not yet expired.

The Board denied the appellant's request for an extension of the delimiting date for Dependents' Educational Assistance benefits under Chapter 35, Title 38, of the United States Code, beyond January 30, 2009, as it is prohibited by law.

The Veteran's neck disability with myofascial pain syndrome was granted a 20 percent evaluation since March 25, 2009.

The Veteran's claim for 1151 compensation is denied because the evidence does not establish that VA carelessness, negligence, or other fault proximately caused his additional disability.

The Veteran's psoriatic arthritis was found to warrant a higher evaluation, but the hemangioma of the liver did not meet the criteria for service connection.

The Veteran's appeal for additional education assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) was denied as he had already exhausted his full allotment of benefits prior to the completion of his firefighter training program. The RO awarded a 12-week extension beyond his allotted 36-month period, but this decision is upheld by the Board based on legal grounds.

The Board has granted a separate 10 percent rating for neuropathic pain syndrome involving the right inguinal nerve and a separate 10 percent rating for neuropathic pain syndrome involving the right medial cutaneous nerve, both associated with the service-connected right inguinal hernia.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and review of his TDIU claim.

The case is being remanded for further development to address the Veteran's right ear issues and to determine if his disequilibrium is related to military service. The initial rating for left otitis media and Eustachian tube dysfunction will also be reconsidered.