Other conditions decisions — 2018

The Board granted a waiver of recovery for a pension overpayment in the amount of $38,303.00 due to the Appellant's unintentional failure to report her income accurately. The decision found that recovery would be against equity and good conscience.

The Board denied the reopening of a claim for service connection for right inguinal hernia repair disability due to lack of new and material evidence, as no current residuals were found.

The Board dismissed the appeal because no substantive appeal was filed by the appellant or her appointed representative.

The Veteran's appeal for a higher initial evaluation of his service-connected left leg peroneal nerve damage, status post decompression, is being remanded due to the need for additional evidence and examination.

The Veteran's sternal dehiscence following his October 2008 VA surgery is not considered a result of carelessness, negligence, or similar fault on the part of VA. The Board finds that the additional disability was reasonably foreseeable and the Veteran provided informed consent for the procedures.

The Board has granted earlier effective dates for the service connection of multiple sclerosis and its manifestations, but the RO did not implement these changes. The claims for SMC and DEA benefits are remanded to fully reflect these changes.

The Board has found the VA examinations inadequate for evaluating TDIU and has ordered additional examination to assess the Veteran's ability to work due to his service-connected disabilities.

The Board denied service connection for chronic glomerulonephritis, finding that the Veteran's condition existed prior to entry into active service and was not aggravated by service.

The Board has decided to remand the case due to incomplete information about the Veteran's service dates and lack of records regarding a shooting incident during basic training. The Veteran is seeking service connection for severe mouth damage with loss of teeth, but the specific details are unclear.

The Board has determined that the appellant does not meet the criteria for benefits under 38 U.S.C. § 1815 due to his mother not being a Vietnam veteran, and thus remanded for further development.

The Board has remanded the case due to issues related to reopening a claim for service connection for cause of death and addressing claims of clear and unmistakable error (CUE) in previous decisions.

The Board has granted service connection for rectal cancer, diagnosed as metastatic carcinoid tumor, due to in-service exposure to Agent Orange.

The Board denied the appellant's claims for service connection for a left knee disability and an initial compensable rating for his left lower leg scar, finding that there was no evidence of a causal relationship between his current symptoms and his military service.

The Veteran's appeal of TDIU is remanded due to the inextricably intertwined nature with her claims for compensation for bunions and an increased disability rating for Raynaud’s Syndrome. The AOJ should review these issues before considering her eligibility for TDIU.

The Board denied the Appellant's claim for service connection for cause of death due to a ruptured intra-abdominal viscus and prostatic cancer, finding that the evidence did not show these disabilities were caused by service. The new evidence submitted since the last final denial is considered cumulative.

The Board has remanded the Veteran's claims for additional VA examinations to determine the severity of his injuries and their impact on his ability to work.

The Board has remanded the case due to new evidence and a need for re-adjudication of the initial evaluation claim. The effective date issue remains pending.

The Board denied service connection for low testosterone, finding that it did not have onset during active service and is not otherwise related to active service or a service-connected condition.

The Veteran's request for a waiver of overpayment of VA pension benefits in the amount of $51,917.00 was denied because it was not made within 180 days after the July 2012 notification of indebtedness due to his failure to timely file his request.

The Board found that the Appellant's discharge from service was due to willful and persistent misconduct, not a minor offense. As such, his discharge is considered dishonorable, which bars him from receiving VA benefits.