Other conditions decisions — 2017

The Veteran's claim for additional compensation for non-service-connected pension benefits was denied as he has already received the appropriate level of compensation.

The Veteran's claim for service connection for malignant lymphoma, including as due to ionizing radiation exposure, is being remanded for further action by the Under Secretary for Health to determine if he was exposed to ionizing radiation during his military service.

The Board denied the Appellant's claim of recognition as the Veteran's surviving spouse, finding that there was no credible evidence to support her cohabitation status with the Veteran at the time of his death.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits due to a lack of valid common law marriage prior to the Veteran's death in December 2008.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's hiatal hernia, ulcerative colitis, and diverticulitis. The case will be remanded for a VA examination.

The Veteran's appeal is being remanded due to scheduling issues, and he is entitled to a hearing before the Board of Veterans' Appeals.

The Board found that the reduction of non-service-connected pension benefits to $90 per month based on Medicaid-covered nursing home care was not proper after July 1, 2011. The Veteran was also entitled to back pay for his non-service-connected pension payments from January 1, 2011 to January 1, 2013.

The Veteran's appeal has been withdrawn, and no allegations of error remain.

The Veteran's HIV-related illness was not manifested by AIDS with recurrent opportunistic infections or with secondary diseases affecting multiple body systems, HIV related illness with debility and progressive weight loss without remission, or a few or brief remissions. The Board denied an increased rating for HIV-related illness.

The Veteran's skin disorder is not found to cover at least 20% of his total body area or exposed areas, and treatment with over-the-counter remedies does not meet the criteria for a higher rating.

The Veteran's cubital tunnel syndrome of the left elbow is currently rated at 10 percent, and his right ear hearing loss is service connected. The Board finds that these ratings are appropriate based on the evidence provided.

The Veteran's service-connected low back disability was not shown to meet the criteria for a rating in excess of 20 percent from May 10, 2007, to December 18, 2007.

The Board has remanded the case for further examination and adjudication due to a lack of an adequate examination concerning the Veteran's claim of entitlement to service connection for a right inguinal hernia.

The Board found that the Veteran's syncopal episodes are not related to her service and denied her claim for service connection.

The appellant requested to withdraw her appeal regarding entitlement to a TDIU prior to June 19, 2014, for the purpose of accrued benefits.

The Board found that the creation of an overpayment for the period from June 1, 2007 to December 1, 2008 was valid. However, recovery of this overpayment would not be against equity and good conscience as it did not result in undue hardship or defeat the purpose of the benefit.

The case is being returned to the agency of original jurisdiction (AOJ) for further action due to a lack of notification regarding the denial of recognition as the surviving spouse and right to substitution, or of appellant's rights following such denial.

The Board denied the appellant's claim as her husband did not have qualifying military service to establish eligibility for VA benefits.

The Board denied the Veteran's claims for an effective date earlier than August 13, 2004 for service connection of bilateral hip DJD and denied his claim for service connection of bilateral hand arthritis.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicides in Japan, and requests for additional records have been made.