Other conditions decisions — 2018

The Board denied the Veteran's claim for an earlier effective date of May 22, 2013, for additional compensation based on a dependent spouse due to lack of timely notice and intent to file.

The Board found that the Veteran's current low back disability did not arise during service, is not presumed to have been incurred in service, and is not the result of an injury or event suffered during military service. Therefore, service connection for a low back disability was denied.

The VA denied the appellant's request for a waiver of overpayment due to her fault in creating the debt, as she was not married to or the surviving spouse of the Veteran at the time of his death. The overpayment occurred because she received benefits as his surviving spouse when she should have returned them.

The Board has granted the Veteran's request for waiver of recovery of overpayment of $5,139.00 in pension benefits due to the creation of the debt being solely the Veteran's fault and collection would cause undue hardship.

The Board has remanded the case due to incomplete information regarding mitigating circumstances for the Veteran's withdrawal from her course of study, and to request a Statement of the Case addressing the issue of waiver of overpayment debt.

The Board has determined that the current VA examination is inadequate and remands the case for a new examination to determine if there is a relationship between the Veteran's service-connected thoracolumbar spine disability and his bilateral hip disability, as well as whether the hip disability was caused by or aggravated by military service.

The Veteran is granted an initial 10 percent rating for service-connected vasovagal syncope, effective from the date of his claim.

The Board determined that the decedent did not have active military service and therefore does not qualify for VA benefits, including DIC.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is not related to service, and therefore denied his claim for service connection.

The Veteran died in a private facility and was not buried in a national cemetery. The claim for VA burial benefits is denied as the Veteran did not meet any of the criteria for payment, including being in receipt of VA compensation or pension at the time of death.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for a thoracic spine disability resulting from June 2010 spinal cord stimulator implant surgery at the Richmond VA Medical Center. The claim has been remanded to obtain additional medical opinions and records.

The Veteran's claim for reopening his service connection for a skin disability is granted, but further development is required as he has not been examined for this issue.

The Veteran's tongue cancer is granted service connection, with the cause being attributed to herbicide exposure (Agent Orange) during his service in Vietnam.

The Board found that the Veteran's current thoracic spine disability was not incurred in service and is not etiologically related to service. Service connection for a back disability was denied.

The Board found that the overpayment of VRAP education benefits in the amount of $5,379.40 was validly created and denied a waiver of this debt.

The Board has determined that the Veteran's treatment at NBCH on February 10, 2014 was emergent and met all criteria for payment or reimbursement of unauthorized medical expenses. The condition was deemed to be a serious health risk due to a history of hernia complications.

The Veteran's appeal is denied as he did not meet the basic eligibility requirements for VA home loan benefits due to less than 24 months of continuous active duty.

The Veteran's rheumatic valvulitis with mitral regurgitation was reduced from a 60 percent rating to a 20 percent rating, effective January 1, 2015. The Board has restored the 60 percent rating as it found that there was no evidence of improvement in the disability.

The Board has determined that the Veteran's current bilateral eye disability, including macular degeneration, was not incurred in service and is unrelated to his active duty. The claim for service connection is denied.

The Board has ordered additional development to obtain missing service treatment records and VA examination opinions regarding the Veteran's back disabilities. The claim will be remanded for these actions.