Other conditions decisions — 2019

The Board dismissed the claim for eligibility of VRAP benefits as it is not a periodic monetary benefit for which accrued benefits may be authorized.

The Veteran's claim for an earlier effective date for the award of dependency benefits was dismissed as there are final AOJ decisions that assigned an effective date, and the Veteran has not alleged CUE in any decision.

The Board denied the appellant's claim for accrued benefits in excess of $234,007.87 as no additional benefits were due and payable to her.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The reduction of the disability rating for service-connected narcolepsy from 80 percent disabling to 20 percent disabling was improper and is void ab initio. The Veteran's 80 percent rating for narcolepsy should be restored effective June 1, 2018.

The Board denied the waiver of recovery of an overpayment of VA pension benefits in the amount of $17,359.00 due to financial hardship and unjust enrichment.

The Board dismissed the appeal because the Veteran withdrew it prior to a decision being made.

The Board has granted the Veteran's claim to reopen his service connection for Chronic Myelogenous Leukemia (CML) and has determined that CML is related to exposure to burn pit smoke during active duty in Iraq. The effective date of this decision is not specified.

The Veteran's ulcerative colitis is remanded due to the VA examiner not providing a medical nexus between his service and the condition.

The appellant is not recognized as the Veteran's surviving spouse for VA death pension benefits because she did not live continuously with him until his death.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for recurrent staph infections status post inguinal hernia repair is dismissed due to his death.

The Board has remanded the cases for additional development to obtain relevant medical records and conduct VA examinations. The Veteran is advised to submit any additional evidence he may have.

The Veteran's appeal for an earlier effective date for a 100% rating for Acute Myeloid Leukemia (AML) has been dismissed as the Veteran withdrew his appeal prior to the Board making a decision.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits.

The Board has granted service connection for right posterior glioblastoma on a substitution basis due to exposure to herbicide agents during active military service, applying the benefit of the doubt in favor of the appellant.

The Board dismissed the appeal because the appellant requested to withdraw his appeal for initial compensable rating for residuals of basal cell carcinomas and actinic keratoses, bilateral upper extremities.

The Board has remanded the Veteran's claims for a respiratory disorder and ovarian cyst due to insufficient medical opinions regarding their etiology. The VA will obtain additional records, schedule examinations, and provide further medical opinions.

The Board has decided to remand the case due to an inadequate examination, and requests a new examination to address whether the Veteran's gastrointestinal disorder is related to his service in the Persian Gulf.

The Veteran's appeal for service connection of a bilateral foot condition was dismissed due to the death of the appellant.

The Veteran's claim for an increased rating must be remanded due to the need for a new VA examination to assess her current right toe disability, as she underwent surgery in November 2016.