Other conditions decisions — 2019

The Board has decided that the appellant may not be recognized as the Veteran's surviving spouse for VA death benefits, and requests additional records to determine this.

The Board denied the Veteran's claim for a higher education benefits rate, finding that his initial five-year period of active duty as a commissioned officer was excluded from the calculation of his aggregate length of service. The Veteran had served at least 12 months but less than 18 months of creditable active duty, qualifying him for the 60% payment rate under Chapter 33.

The Board has remanded the case due to a need for a VA medical opinion regarding whether the Veteran's cause of death was related to his service, specifically exposure to Agent Orange in Vietnam.

The Board granted an effective date of January 29, 2016 for the grant of aid and attendance allowance due to a signed intent to file form submitted by the appellant.

The Board denied the overpayment of VA compensation benefits in the amount of $4,304.62 as it was properly created due to a delay in notifying the RO of the divorce from C.C.

The Board denied the appellant's claim for nonservice-connected survivor pension benefits and found that an overpayment of $721.00 was validly created, thus denying her appeal.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for MRSA has been dismissed due to his death.

The Board has remanded the case due to insufficient explanation in previous decisions regarding the Veteran's service and points on his Points Statement. The Veteran is seeking non-service-connected disability pension benefits based on his military service, but the type of service for which he earned points needs clarification.

The Veteran's claim for a higher rating for residuals of fracture, right tibia with adherent scar was granted. A compensable evaluation for loss of bone, right fibula, donor site is denied. The Veteran's claim for TDIU was granted.

The Board has granted a 20 percent rating for service-connected chronic iritis. The remaining issues of entitlement to service connection for right and left ankle disabilities, as well as the issue of a compensable rating prior to January 24, 2011 and in excess of 10 percent thereafter for service-connected thoracolumbar strain are remanded.

The Board has remanded the Veteran's claims for an initial compensable rating for sacroiliac joint separation and pelvic fracture, as well as his TDIU claim due to inextricably intertwined issues. The Veteran is required to provide any outstanding records and undergo a VA examination.

The Veteran's spouse was not eligible for CHAMPVA benefits from June 6, 2001, through November 30, 2009 due to her lack of enrollment in Medicare Part B.

The Board has remanded the case for further development to clarify if the overpayment was properly created and to address mitigating circumstances regarding the Veteran's withdrawal of credits. The claim will be redjudged on both creation and waiver issues.

The Board has ordered a new VA examination to determine if the Veteran's back disability, diagnosed as scoliosis, was incurred in or aggravated by service. The examiner must address whether the condition is congenital or developmental and if it was aggravated during service.

The Veteran's status post residuals of left great toe bunionectomy is rated at 30 percent effective June 7, 2017. The condition has worsened from moderately severe to severe.

The Board denied the claim as new and material evidence was not provided to reopen the character of discharge issue, which is a final determination.

The Board denied service connection for cerebellar atrophy, including as due to exposure to herbicide agents (Agent Orange), finding that the evidence did not support a causal link between the condition and service.

The appeal has been dismissed due to the Veteran's death.

The Veteran's claims for increased rating and TDIU are being remanded due to the need to obtain his treatment records from Womack Army Medical Center.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development of his VA treatment records.