Other conditions decisions — 2019

The Board has determined that the overpayment of $8,807.20 was properly created due to a retroactive reduction in compensation rate as of the 61st day of the Veteran's felony conviction on October 30, 2014. The portion of the overpayment from December 31, 2014 through January 2, 2015 is granted.

The Veteran's daughter, J.K., attended college from August 2008 to May 2012. The Veteran did not notify VA of her school attendance within one year of either her 18th birthday or the date of commencement of her course of study. Therefore, the claim for additional dependency benefits based on school attendance was not timely filed.

The Board denied the Veteran's claim for service connection for an eye condition, finding that there was no evidence to support a finding of aggravation by military service and that the condition existed prior to service.

The Board denied the claim for reimbursement of transportation expenses as the Veteran was not hospitalized by VA and did not have his remains buried in a National cemetery, despite being eligible under certain conditions.

The Board is remanding the case to review whether a change in the Veteran's Means Test eligibility category from copay exempt to Geographic Means Test/prescription copay for income year 2015 was proper. The missing documents, including signed HEC Form 200-1A and VA Form 10-10EZR, need to be associated with the claims file before further decision.

The Board has granted service connection for the Veteran's right foot arthritis of the first metatarsal joint, finding that it is linked to his active service.

The Veteran's death was not service-connected, and therefore the VA did not reimburse for transportation expenses as he was not hospitalized by VA or buried in a National cemetery.

The Board has determined that the Veteran's premature ovarian failure is not related to her military service and therefore denied her claim.

The Veteran's left leg varicose veins are rated at 60 percent, but the Board finds further development is needed for his service-connected diabetes mellitus and TDIU claims.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's myelodysplasia was caused by his military service, including herbicide exposure. A VA medical opinion is needed to address this issue.

The Board has ordered the case to be remanded due to non-compliance with previous remand directives regarding the validity of overpayment creation and waiver of recovery. The AOJ must ensure compliance with all notice and assistance requirements, address the Veteran's contentions, and adjudicate both issues before readjudicating them.

The Board has granted a 20 percent apportionment of the Veteran's VA disability compensation benefits to the appellant, on behalf of their child R.G., and also granted an apportionment of the full amount of VA disability compensation benefits not paid to the Veteran during his periods of incarceration.

The Board has remanded the claims for right side chest pain, fatigue and lack of energy, runny nose after physical exertion, shortness of breath, blood in the stool, shaking, and right arm weakness due to exposure to contaminated water at Camp Lejeune. Additional records are needed from VA evaluations/treatment and SSA's determination on the Veteran’s disability claims.

The Board has remanded the issue of whether the overpayment debt of VA pension benefits was properly created due to a lack of a Statement of the Case (SOC). The Veteran must file a timely notice of disagreement and substantive appeal if they wish to continue their appeal on this matter.

The Board denied the Veteran's claim for education benefits under Chapter 33 in excess of the 90 percent rate due to insufficient qualifying active service, and the Veteran was only entitled to the 90 percent rate.

The Board has granted service connection for a lung disorder, finding that the Veteran's current condition is more likely than not incurred in or caused by active service.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for VA burial benefits as his body was not held by a State or admitted to a VA facility. The claim is denied.

The Board has decided to remand the case due to inadequate medical opinions and the need for additional evidence. The Veteran is seeking compensation under 38 U.S.C. § 1151 for a residual disability of MRSA infection claimed to have resulted from VA medical treatment.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for fecal impaction is denied, and her claim for chronic gastritis is remanded due to the intertwining of issues.

The Board has remanded the Veteran's claim for a new VA psychiatric examination to determine if any diagnosed psychiatric disorder is related to service, including in-service chest pain complaints.