Other conditions decisions — 2018

The Veteran's claim for a TDIU rating from September 2009 to January 2013 is being remanded due to conflicting information in his work history and the need for additional development.

The Board has granted service connection for residuals of right thumb injury, finding that the Veteran's current condition is related to his in-service injury.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of receiving DIC benefits because she was not married to him at the time of his death.

The Veteran's right ring finger flexion contracture is not severe enough to warrant a compensable rating, as it does not affect daily activities or interfere with the overall function of his hand.

The Board has decided to remand the case due to a challenge by the Veteran regarding the creation of an overpayment. The issue will be further reviewed and adjudicated, including consideration of mitigating circumstances.

The Board is remanding the case to determine if the overpayment was properly created due to mitigating circumstances, and to address both the creation and waiver issues.

The Veteran's claim for an earlier effective date for his service-connected heart disability was denied as there were no accrued benefits due at the time of his death, and any claim based on CUE or under Nehmer is barred.

The Veteran's adult child filed a claim for accrued benefits, but the claim was denied because it was not submitted within one year of the Veteran's death.

The Board is remanding the case to obtain the Veteran's service personnel records, including any contract regarding her NROTC scholarship commitment.

The Board has determined that the Appellant's income from Social Security Administration (SSA) benefits exceeds the maximum annual pension rate for survivor’s pension benefits since she started receiving SSA benefits in March 2014, and thus her survivor’s pension benefits were terminated as of April 1, 2014.

The Board denied the Veteran's claims of service connection for pericarditis, meningitis, and gout. The expert opinion concluded that these conditions are not related to his military service or exposure in Southwest Asia.

The Board has remanded the case for a VA opinion to determine if the Veteran's stroke and its residuals are etiologically related to herbicide exposure in Vietnam or toxic water contamination at Camp Lejeune.

The Veteran's appeal for additional educational assistance benefits under Chapter 30 of the Montgomery GI Bill is denied as he only served two months and 13 days, which qualifies him for two months of benefits.

The Board has remanded the case due to missing records and instructed to have the Veteran's whole claims file rescanned. The claim for service connection for Crohn’s disease will be reconsidered.

The appeal to determine a combined extraschedular rating for the Veteran's service-connected disabilities is dismissed due to a change in VA regulations.

The Board denied the Veteran's claim for service connection of a right hip disability, finding that there is no competent evidence linking his current condition to service. The Board considered the Veteran's assertions and medical opinions but concluded that the most probative evidence did not support the claim.

The Veteran's claim for an increased rating in excess of 10 percent for hiatal hernia and Barrett's esophagus is being remanded due to the need for a new examination.

The Veteran's claims for increased ratings for traumatic arthritis of the left and right feet, as well as her left femoral disability, were denied. The current rating of 10% is maintained.

The Veteran's son, the appellant, requested a waiver of an overpayment of education benefits. However, his request was not timely filed as it came after the 180-day deadline following notification of the debt. The Board denied the appeal.

The Board has remanded the claims for increased ratings for right hip degenerative joint disease with impingement and left hip degenerative joint disease due to additional development being required.