Other conditions decisions — 2018

The Veteran's accrued benefits were calculated based on the amount owed at her death, which was $8,944. The appellant and his sister received their respective percentages of this amount, resulting in a total payment of $9,034. As the law limits the potential amount that can be awarded to an eligible individual for such payments to the amount of accrued benefits due to the Veteran at the time of her death, the claim is denied.

The Board has denied the Veteran's claim for service connection for peripheral artery disease (PAD) of the left lower extremity, finding that it is not related to his military service and instead caused by his significant smoking history.

The Veteran's claims for service connection for ocular cicatricial pemphigoid and Sjögren's syndrome, both claimed as due to undiagnosed illness, were denied. The appeal is based on the presumption of service connection for undiagnosed illnesses in Persian Gulf War veterans.

The appellant was granted entitlement to death pension benefits at the maximum annual rate of $8,656 effective August 21, 2017. The claim for a higher rate is denied as it exceeds the statutory maximum.

The Veteran had a pending claim for unreimbursed medical expenses at the time of his death. The appellant is seeking accrued benefits based on this claim, and additional development is needed to consider the merits of her claim.

The Veteran's appeal is remanded for additional development, including obtaining new VA examinations to assess the severity of his service-connected right foot disability and its functional loss due to flare-ups or repetitive motion.

The Board found that the appellant misrepresented the Veteran's incarceration status when VA initially discovered the overpayment, which is a misrepresentation of material fact. Therefore, waiver of recovery of the overpayment is barred as a matter of law.

The Board denied the appellant's claim for entitlement to service connection for esophageal cancer, finding that there was no direct evidence linking the condition to military service or herbicide exposure. The Board also found insufficient evidence to support a theory of aggravation by service-connected diabetes.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if any respiratory disorders are related to the Veteran's military service, particularly his exposure to asbestos. The claim will be reconsidered after these actions.

The Board has determined that the Appellant's January 1965 discharge from service was due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board has remanded the case for further development, including verification of the Veteran's exposure to herbicides and environmental hazards during his service.

The Board finds that the termination of VA compensation benefits for the period from September 19, 2006 to August 27, 2007 was improper due to a mischaracterization of the Veteran as a fugitive felon. The debt created during this period is therefore invalid and restoration of service-connected compensation benefits for that period is granted. The appeal for waiver of overpayment in the amount of $27,830.73 is dismissed.

The Veteran's claims for increased ratings are being remanded due to the need for additional development and clarification of his nerve conditions.

The Veteran's claims for service connection for residuals of breast cancer and uterine fibroids, status post hysterectomy are granted as they are the result of treatment with high-level estrogen birth control pills during active duty.

The Veteran's claim for a compensable rating for residuals of a left ring finger injury is denied as his disability does not meet the criteria for any higher evaluation.

The Board granted an effective date of November 30, 2012 for the appellant's recognition as a helpless child of the Veteran for dependency and indemnity compensation benefits.

The Board denied a compensable rating for the service-connected deviated septum in March 2013. The Veteran's claim for an increased evaluation was received on June 8, 2016, and he was granted a 10% evaluation effective that date. There is no factually ascertainable increase in disability prior to this date.

The Veteran's service-connected fascial defect and DJD of the right lower extremity have been rated as 10% prior to August 3, 2017, and as 20% from August 3, 2017. The appeal is denied for an increased rating.

The Veteran's lupus was rated at 60 percent prior to June 28, 2016. The Board denied a higher rating as there were no exacerbations lasting more than one week or occurring less than three times per year.

The Board has remanded the case due to incomplete records and a need for an examination to determine if the Veteran's macular degeneration is related to his service.