Other conditions decisions — 2017

The Board has remanded the case due to a lack of clarity regarding whether the Veteran and the appellant were divorced in February 2010, which is a threshold requirement for receiving VA benefits based on the death of a veteran.

The Veteran's waiver request for recovery of an overpayment of $28,592.40 was denied as it would not be against equity and good conscience.

The Board denied the appellant's request to reopen her claim for recognition as the surviving spouse of the Veteran for purposes of DIC benefits, finding that new and material evidence did not raise a reasonable possibility of substantiating her claim.

The Board has denied the Veteran's claim for service connection for residuals of a pneumothorax, finding that there is no evidence linking his current diagnosis to his in-service condition.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not serve during a period of war, thus failing to meet the basic eligibility requirements.

The Veteran's appeal is being remanded for further development, including a new VA examination to determine the etiology of any current left fibula disability and whether it is related to service.

The Board has granted the Veteran's request for waiver of overpayment in the amount of $878.93 for education benefits under VRAP, finding that recovery would be against equity and good conscience due to her financial hardship.

The Board denied the Veteran's request for a waiver of overpayment of pension benefits, finding that the debt was valid and that the Veteran had fault in its creation. The decision also noted that repayment would not cause undue hardship.

The Board denied the Veteran's request for a waiver of an overpayment related to VA nonservice-connected pension benefits, finding that it was not timely filed within the required 180-day period.

The Board found that the Veteran's current bilateral eye disorder (diplopia) may have existed prior to service and is not related to his active military service.

The Board found that the Veteran's bowel condition did not manifest during service and is not causally related to service, including his treatment for seminoma during service. Therefore, the claim for service connection for a bowel condition was denied.

The Board has determined that the appellant's husband did not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case for additional development, including obtaining dosimetry records and determining if exposure to nuclear weaponry caused or contributed to the Veteran's gastric cancer.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and consideration of new evidence.

The Board has granted service connection for the residuals of a left hip replacement as secondary to the Veteran's service-connected right knee disability.

The Board denied service connection for arthritis of the right lower extremity, but granted an increased rating for right lower extremity radiculopathy associated with lumbar strain.

The Veteran's claim for service connection for a neurological disorder claimed as the result of exposure to defoliants is being remanded due to his failure to appear for a VA examination and changes in address. Additional development, including obtaining updated treatment records and scheduling another VA examination, is required.

The Veteran's appeal of the initial rating for his service-connected Hashimoto's disease must be remanded again for further development due to a need for updated VA and private treatment records, as well as an appropriate VA examination.

The Board has determined that the appellant does not have recognized active military service for the purposes of obtaining the one time payment from the Filipino Veterans Equity Compensation Fund, and therefore legal entitlement to this benefit is denied.

The Board has ordered the reconstruction of the Veteran's claims file to attempt to obtain missing evidence, including a November 18, 2002 Notice of Disagreement and additional VA outpatient treatment reports from July 2004 to March 2004.