Other conditions decisions — 2018

The Board has remanded the case due to errors in calculating retroactive payments and overpayments, including a $90,000 settlement versus an actual $70,000 settlement. The Veteran is entitled to further review of his claim for potential return of withheld benefits.

The Board found that the February 2013 rating decision granting service connection for squamous cell carcinoma of the oropharynx, left tonsil, on the basis of exposure to an herbicide agent such as Agent Orange was not clearly and unmistakably erroneous. Therefore, the severance of service connection was improper.

The Board denied the Veteran's claim for service connection for a right testicle orchiectomy, finding that it is neither proximately due to nor aggravated by his service-connected left testicle disability. The evidence did not support a direct relationship between the Veteran's in-service injury and his current condition.

The Veteran's claim for service connection of a right hip disorder was reopened due to new and material evidence, but the issue is still pending as it has been remanded.

The Veteran's request for a waiver of overpayment of VA compensation benefits was timely filed, but the appeal is remanded due to procedural issues.

The veteran had no service in the U.S. Armed Forces and therefore is not eligible for VA benefits.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred at CMC on February 27, 2017, is denied because the services rendered were not in a medical emergency and there was no prior authorization from VA.

The Veteran's income did not exceed the maximum annual pension rate for a veteran with one dependent who is in need of aid and attendance, thus he is entitled to nonservice-connected pension.

The Board finds the AOJ's initial denial of payment or reimbursement for unauthorized medical expenses incurred at St. Lucie Medical Center (SLMC) from July 11-14, 2012 to be invalid due to an inconsistency in reasoning and a failure to properly inform the Veteran of his rights under VA regulations. The claim is therefore remanded for proper development and adjudication.

The Board has granted the Veteran's claim for service connection for a gastrointestinal condition, finding that it is aggravated by his service-connected depressive disorder.

The Board has reopened the claim for service connection for the cause of the Veteran’s death due to new evidence showing a possible link between arteriosclerosis and his death. However, the Board denied service connection as there is no medical or credible lay evidence linking the Veteran's cause of death to his service.

The Board denied the Veteran's claim for service connection for a bilateral eye disability, finding that there was no direct causal relationship between his active service or diabetes mellitus and his current condition. The evidence did not support a secondary service connection based on his service-connected diabetes.

The Veteran's claim for an initial compensable rating for pleural plaques is being remanded due to the need for additional VA treatment records and a new examination.

The Veteran's VA disability compensation award has been subject to full recoupment due to a settlement with the Federal Tort Claim Act. The appellant, who was no longer a dependent of the Veteran at the time she filed her apportionment claim, does not have standing to seek an apportionment.

The Veteran's appeal for additional dependency allowance for his daughter E.L.M. is denied because she no longer qualifies as a dependent due to her graduation from college.

The Veteran's claim for retroactive benefits for chronic lymphocytic leukemia was denied as there is no evidence of a service connection claim or diagnosis prior to the effective date of the liberalizing law.

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2016 was dismissed because she did not provide the necessary information as requested by VA.

The Veteran's substantive appeal cannot be located, and the Board finds that he should be given another chance to present his contentions. The AOJ is also requested to request a VA Form 5655 Financial Status Report from him.

The Board found the debt for overpayment of Veterans Retraining Assistance Program (VRAP) benefits to be valid. However, due to the Veteran's contention that he was not enrolled full-time and thus did not receive benefits to which he is not entitled, the issue of waiver of recovery of the overpayment is remanded.

The appeal is dismissed due to the death of the appellant, and no service connection issues are present.