Other conditions decisions — 2015

The Board denied the Veteran's request for a waiver of overpayment of nonservice-connected pension benefits, finding that recovery would not be against equity and good conscience.

The Veteran's appeal is remanded due to the need for a VA examination to reassess her competency and updated VA treatment records. The case will be readjudicated based on all evidence.

The Veteran's claim for service connection for a neurological disorder, including as due to herbicide exposure, is being remanded for additional development.

The Veteran's appeal is being remanded for additional development, including new examinations to assess the severity of her uterine fibroids and anemia.

The Board has determined that the Veteran's current bilateral hearing loss disability did not manifest within one year of separation from service and is not otherwise related to a disease, injury, or event in service. Therefore, the claim for service connection for bilateral hearing loss is denied.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 and TDIU are denied as there is no competent evidence that VA's negligence was the actual cause of his additional disabilities.

The Board found that M.R.W.'s character of discharge for his period of service from July 1965 to April 1969 is considered to have been issued under dishonorable conditions, and is a complete bar to VA benefits. As the preponderance of the evidence is against the claim, the Appellant claiming as M.R.W.'s surviving spouse is not entitled to VA benefits.

The Veteran's service did not qualify as active duty during a period of war, thus denying the claim for nonservice-connected disability pension.

The Veteran's cause of death was listed as metastatic small cell carcinoma of the right lung. The Board finds that this condition is not service-connected and denies the claim for service connection for the cause of the Veteran's death.

The Veteran's non-service-connected disability pension benefits were denied for apportionment to the Appellant and her minor child due to lack of financial hardship on the part of the Veteran.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits prior to March 26, 2011, as there is no legal authority to pay retroactively earlier than that date.

The Board denied the appellant's claim for basic eligibility to receive a transfer of educational benefits under Chapter 33, United States Code because the service department did not approve a request from the Veteran for such benefits.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination to assess the severity of his service-connected throat disability and determining whether he is entitled to TDIU based on his service-connected condition.

The Board has remanded the case for additional development, including obtaining private dermatology records and VA treatment records from April 2011 to February 2012.

The Veteran's unauthorized hospitalization at St. Francis Medical Center from January 31, 2011, to February 13, 2011, was for a nonservice-connected condition and the VA facilities were not feasibly available due to lack of beds. The appellant has met all substantive and administrative criteria for payment or reimbursement under 38 U.S.C.A. § 1725.

The Board found that there is no evidence to support the Veteran's claim of service connection for a right foot disability, as his current diagnoses do not meet the criteria for presumptive service connection and the preponderance of the evidence does not show an in-service injury or disease related to his current conditions.

The Board has granted entitlement to nonservice-connected pension benefits effective June 14, 2011. The issue of whether the Veteran met net worth and countable income requirements for eligibility for nonservice-connected pension benefits prior to April 2, 2012 is remanded.

The Veteran's death was caused by a left-sided cerebrovascular accident due to or as a consequence of hypotension, which occurred during VA surgical treatment. The Board finds that the actual cause of the Veteran's death was medical treatment furnished by the Jackson VAMC and that this event was not reasonably foreseeable.

The Board has remanded the case for a VA examination to determine whether the Veteran's right weak foot is related to his service-connected left ankle disability, and if so, whether it is secondary to that condition.

The Board has determined that the Veteran does not have a current right leg disability and finds no relationship between any in-service injury or disease and his current symptoms. The Board also found no evidence of secondary service connection for the right leg disability to his left leg stress fracture.