Other conditions decisions — 2017

The appellant is not entitled to VA death pension benefits due to excessive income and failure to provide required financial information.

The Board found that the Veteran's current bone and joint disorders are not related to his in-service exposure to ionizing radiation, as there is no evidence of a radiogenic disease or direct service connection. The preponderance of the evidence supports denying the claim.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $9,587.60 due to fault on his part and found that repayment would not result in undue hardship or defeat the purpose of the benefits.

The Board has determined that the appellant's dependency allowance for his former spouse should be terminated effective January 1, 2001. The allowance for his current spouse will now begin on July 1, 2008.

The Board has determined that the Veteran's stroke is not caused or aggravated by her service-connected dysthymia, and thus denied her claim for service connection.

The Board denied a request for an effective date prior to June 1, 2009, for the grant of death pension benefits with aid and attendance.

The Veteran's appeal has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's axillary/brachial DVT is found to be caused by VA surgery, while the lung disease and aggravation of service-connected conditions are not considered proximately caused by VA fault.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a right abdominal hernia with adhesions. However, the preponderance of the evidence is against the Veteran's claim as there is no credible evidence showing he had a hernia during service or any current disability related to his in-service injury.

The Veteran meets both net worth and annual income requirements for nonservice-connected pension benefits, as his countable income does not exceed the maximum annual pension rate (MAPR) and he has sufficient assets to cover his basic needs.

The Board has determined that the Veteran's fatigue is likely due to an undiagnosed illness related to his service in Kuwait, and thus grants service connection for this condition.

The Veteran's claim for service connection for genital herpes was denied as there is no current diagnosis of a STD prior to or during the pendency of his appeal.

The Veteran requested to withdraw his appeal for a fee-basis ID card, and the Board has dismissed the case as a result.

The Veteran's lumbar spine disability is currently rated at 20 percent prior to July 1, 2015 and 40 percent from July 1, 2015.,The current ratings do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claim for service connection for a shin disorder is being remanded due to the need for an addendum opinion addressing whether his shin disorder is related to his military service, including extended periods of running, walking, and marching with equipment on his back.

The Veteran's service-connected discoid, subacute cutaneous, or tumid LE has resulted in a 60 percent evaluation since May 7, 2008. The Board finds that the evidence supports an increased rating for this condition.

The Veteran's death left an unpaid amount of $3,288.00 in benefits that had been withheld prior to his death. The appellant bore the expense for the burial, funeral, and transportation in the amount of $3,147.73. She received an accrued benefit payment of $3,147.73. No further amount is payable as she has already been awarded this amount.

The Veteran's appeal was dismissed due to his death, as the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board denied the Veteran's claims for service connection for blackouts and headaches, as well as his petition to reopen a claim of entitlement to service connection for aortic valve replacement. The issues of special monthly compensation based on aid and attendance/housebound status and a special home adaptation grant were also addressed.

The appeal has been dismissed due to the Veteran's death, making it moot.