Other conditions decisions — 2015

The appellant's annual income exceeds the maximum allowable for nonservice-connected pension benefits, as per VA regulations.

The Veteran withdrew his appeal regarding whether new and material evidence has been received to reopen a claim of service connection for arthritis.

The Board has granted the Veteran's waiver of overpayment of education benefits in the amount of $2,707.02, finding that recovery would be contrary to the principles of equity and good conscience.

The Veteran died from Chronic Lymphocytic Leukemia, and the appellant is seeking service connection for this condition due to ionizing radiation exposure during his military service. The claim has been remanded for an advisory medical opinion regarding the relationship between the Veteran's CLL and radiation exposure.

The Veteran's claim for an effective date prior to August 29, 2012, for payment of additional compensation benefits for a dependent spouse is denied. The effective date will be the first day of the month following submission of the required marriage information to the RO.

The Veteran's surviving spouse died, and the appellant did not bear the expenses of her last sickness or burial. Therefore, the claim for accrued benefits is denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining her service personnel records and addressing a denial of waiver of overpayment.

The Board has determined that the Veteran's acquired psychiatric disorders, including a personality disorder and adjustment disorder with depressed mood, are not service-connected. The evidence does not support a finding of a superimposed injury or disease during service.

The Board has remanded the case due to an error in not considering whether a waiver should be granted under the standard of 'equity and good conscience'. The Veteran's application for a waiver of overpayment is now pending with the AOJ.

The Veteran's death pension claim was denied because his service did not include wartime service. The burial benefits claim was denied as the Veteran had no pending claims for compensation or pension at the time of his death, and there was insufficient evidence to show he would have been entitled to such benefits if they were pending.

The Board has determined that the Veteran's bilateral eye disability and prostate disability were not incurred or aggravated during his military service. The claims are therefore denied.

The Board has determined that the Veteran's vision loss is due to refractive error, cataracts and dry eye syndrome. The preponderance of evidence shows these conditions are not related to his active military service.

The Board has determined that the overpayment of $2,318.17 was validly created and granted a waiver for repayment.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a medical opinion regarding whether any right leg disorder was aggravated by service, to include physical training. The appeal is REMANDED.

The Veteran is seeking to establish service connection for a gastrointestinal disorder that may be related to his service-connected diabetes mellitus. The case has been remanded due to missing notice of disagreement.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Board has remanded the case for proper verification of the decedent's service from the Department of the Army or other relevant service department.

The Board of Veterans' Appeals has remanded the case for additional development due to a lack of specific evidence related to the Veteran's participation in a scheme to defraud VA, and because the issue of whether overpayment was properly created is intertwined with the waiver claim.

The Veteran's request for an extension of the delimiting date for education benefits under Chapter 30, Title 38, United States Code (Montgomery G.I. Bill) is being remanded due to the need for additional evidence and records.

The Veteran withdrew his appeal regarding the issue of entitlement to vocational rehabilitation benefits.