Other conditions decisions — 2017

The Veteran did not have the requisite active service to qualify for nonservice-connected death pension benefits.

The Board found that recovery of the overpayment would be against equity and good conscience, granting a waiver.

The Veteran's service-connected disability (reflex sympathetic dystrophy of left hand with loss of use, left thumb post-operative) has rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for TDIU have been met.

The Veteran's uticaria with angioedema has been rated at 10 percent since November 2007, and the evidence does not support a higher rating.

The Veteran's mood disorder is currently rated at 70 percent disabling, effective July 10, 2013. The Board finds that the evidence does not support a higher rating for this condition.

The Board denied the Veteran's claim for service connection for non-Hodgkin's lymphoma, finding that there was no evidence of exposure to contaminated water at Camp Lejeune during his active duty and thus failing to meet the criteria for presumptive service connection. The Board also found that the in-service event (swollen nodes) did not cause the development of non-Hodgkin's lymphoma years later.

The Board has restored the appellant's 100% disability rating for his service-connected adenocarcinoma of the prostate, effective October 31, 2010.

From February 22, 2010, the Veteran's Hailey-Hailey disease is characterized by constant or near-constant systemic therapy such as corticosteroids required during the past 12-month period. The Board granted a rating of 60 percent for this condition.

The Board has found that additional development is required before the claim for increased dependency benefits can be decided. The appellant's grandson, C.W., was residing in her home at the time of the Veteran's death and she submitted relevant evidence after a statement of the case (SOC) was issued.

The Board has remanded the case for clarification of the Veteran's dates of active duty for training and for obtaining any relevant pleadings from his attorney. The appeal is currently pending.

The Veteran's claim for service connection for a left foot disability (other than pes planus) is being remanded due to the need for a new examination and proper VCAA notice, as well as obtaining relevant treatment records from federal agencies.

The Veteran died from aspergillus pneumonia and end-stage liver disease, which were not service-connected at the time of his death. The claim for Dependents' Educational Assistance (DEA) benefits is denied.

The Board has determined that the appellant's income exceeds the maximum annual pension rate for a surviving spouse with no dependents, and thus she is not legally entitled to nonservice-connected death pension benefits.

The Board has determined that the appellant's spouse did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces during World War II. Therefore, the appellant does not meet the basic eligibility requirements for VA death benefits.

The Board found that the overpayment of non-service connected pension benefits was not properly created due to administrative error and thus, the debt is invalid.

The Veteran's appeal is being remanded due to a procedural error where he was not provided an opportunity for a Board hearing by videoconference. The case will be returned to the AOJ after the scheduled hearing.

The Veteran's claim for Dependent Educational Assistance (DEA) benefits has been withdrawn by the Appellant before a decision could be made.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to determine the current severity of his PTSD and the date of onset of his peripheral artery disease (PAD). The examiner should also provide an opinion regarding whether the Veteran's bilateral eye disability is causally related or aggravated by his service-connected hypertension.

The Board has found that additional development is necessary before a decision can be rendered on the Veteran's claim for service connection for special monthly compensation based on the need for regular aid and attendance due to his service-connected oligodendroglioma brain tumor. The case is REMANDED for further action.

The Board found that the Veteran does not have a current bilateral hip disability and that any prior diagnosed condition of trochanteric bursitis had resolved or subsided. The VA examiner concluded it is less likely than not related to service, his service-connected knee or spine conditions.