Other conditions decisions — 2012

The Veteran's overpayment of VA pension benefits in the amount of $41,276.00 was validly created due to his failure to report accurate income information. The Board found that the Veteran acted with bad faith by knowingly underreporting his income and denied a waiver of recovery.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the current severity of her residuals status post myomectomy.

The Veteran's service-connected depressive neurosis is rated at 30 percent, and the Board has determined that a higher rating of 100 percent is warranted due to total occupational and social impairment.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine whether the Veteran needs regular aid and attendance of another person or is housebound due to his service-connected disabilities. The issues of entitlement to a special home adaptation grant and SMC based on need for regular aid and attendance are also referred back to the RO.

The Board has remanded the case for additional development to determine if an earlier effective date for the grant of DIC benefits is warranted due to a prior application filed with Social Security Administration (SSA).

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this claim at this time.

The Board has determined that the appellant does not have qualified service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is ineligible for a one-time payment from the FVEC Fund.

The Board denied the Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service in the recognized guerillas during World War II.

The Board has determined that the appellant does not have qualifying service and therefore is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded due to the need for a videoconference hearing before the Board at the Pittsburgh, Pennsylvania RO. The case will be returned to the Appeals Management Center in Washington, D.C.

The Board denied the Veteran's claim of service connection for pulmonary fibrosis, finding that his disability was not incurred or aggravated during active duty and there is no link between his current condition and his military service.

The Board has determined that a remand is necessary to ensure the record contains specific information about the Veteran's participation in a scheme to defraud VA, and to obtain relevant documents related to the initial claim for educational assistance benefits and the overpayment determination.

The Board has remanded the case due to inadequate examination report and new evidence is needed.

The Board denied the Veteran's claims for service connection for mental deficiency and neurological disorder due to head injury. The claim for mental deficiency was not reopened, while the claim for neurological disorder was denied.

The Veteran's claim for service connection for a neurological disability in the bilateral hands, to include as due to Agent Orange Exposure, is being remanded for further development and consideration.

The Veteran is seeking VA compensation for an abdominal defect, claimed as a residual of a coronary artery bypass graft performed at a VA medical center in May 1995. The case has been remanded due to the need for clarification and additional evidence regarding whether the surgery deviated from acceptable standards of care.

The Veteran's lung disorder was not found to be related to his service, including exposure to Agent Orange.

The Veteran's right forearm injury and subsequent trigger finger syndrome are service-connected, leading to a TDIU rating.

The Board has denied the Appellant's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate due to her failure to report to scheduled VA examinations, which precluded determining whether she is in need of regular aid and attendance or permanently housebound.