Other conditions decisions — 2019

The Board has remanded the case to issue a Supplemental Statement of the Case (SSOC) addressing the Veteran's request for waiver of recovery of VA disability compensation benefits in the amount of $10,397.83.

The Veteran seeks recognition of her adult daughter A.S. as a 'helpless child' for the purposes of additional compensation due to permanent incapacity for self-support prior to attaining the age of 18. The appeal is remanded due to incomplete records, particularly those from Social Security Administration (SSA).

The Board has decided to remand the case due to the need for further development and medical opinion regarding whether the appellant was insane at the time of his misconduct leading to his discharge.

The Board denied compensation under 38 U.S.C. § 1151 for total left knee replacement due to a post-total knee replacement infection, finding no evidence of carelessness, negligence, lack of proper skill or error in judgment by the VA.

The Board denied the Veteran's appeal of a reduction in his disability rating for cerebral concussion (now TBI) from 10 percent to noncompensable effective January 22, 1986. The decision found no clear and unmistakable error.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board denied compensation under 38 U.S.C. § 1151 for MAC residuals due to gallbladder surgery, finding that the Veteran's disability was not caused by or became worse as a result of the procedure and subsequent treatment.

The Veteran's claim for recognition of his spouse A. as a dependent for VA compensation purposes was denied in an October 2012 decision, and the earliest possible communication that could be construed as a new claim for this purpose was received by VA on January 29, 2016. The effective date assigned by the RO is therefore January 29, 2016.

The Veteran's claim for a higher rating for his right elbow disability was denied as the evidence did not show flexion limited to 90 degrees or less prior to June 13, 2011 and to 70 degrees or less thereafter.

The Board has remanded the case for further action on whether the overpayment of VA compensation benefits was properly created due to the Veteran's incarcerated felon status. The appeal will be returned to the Board only after this issue is resolved.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking his small cell carcinoma to his military service or exposure to radiation or chemicals.

The Board has remanded the case due to incomplete information regarding the payment of aid and attendance benefits for the period between May 2014 and May 2015. The appellant needs to provide documentation about payments made for her mother's last illness, funeral, and burial.

The Veteran's overpayment of VA pension benefits was not timely filed, resulting in the denial of his waiver request.

The Board has not fully developed the record regarding service connection for the cause of the Veteran's death due to incomplete VA treatment records. The case is being remanded for further development.

The Board has remanded the case due to outstanding records from JFK Medical Center and a need for a new VA opinion regarding whether the Veteran's death was caused by VA negligence in not removing his cancerous tumor earlier.

The Veteran's cause of death was service-connected, and the appellant is receiving maximum DIC benefits due to her spouse status and lack of dependent children or disability rating requirements.

The Veteran's urticaria is rated at 30 percent effective from August 13, 2018. The condition requires the use of corticosteroids as second line treatment for control.

The Veteran's hairy-cell leukemia is granted service connection for purposes of accrued benefits, and his cause of death is also granted.

The Board denied the appellant's claim for death pension because her income exceeded the maximum annual pension rate and her net worth was sufficiently large to consume part of her assets for maintenance.

The Board has granted an effective date of June 1, 1984 for the grant of service connection for the cause of the Veteran's death.