Other conditions decisions — 2019

The Veteran's overpayment of $126,910.07 was deemed valid due to his status as a fugitive felon and the Board granted a waiver of recovery on grounds of undue financial hardship.

The Board has decided not to take jurisdiction over the claim of entitlement to a TDIU and has remanded it for further development.

The Veteran's claim for VA disability compensation benefits from September 1, 2016 forward was denied because he elected to receive military retired pay instead of VA compensation.

The Veteran's service with the Merchant Marine did not qualify for death pension benefits as it was not considered active duty due to occurring after the declared war period. The Veteran had no service-connected disabilities at the time of his death, thus denying the claim.

The Veteran's daughter was granted basic eligibility to Dependents’ Education Assistance (DEA) based on evidence showing that the Veteran had a total service connected disability from May 23, 2003. The appellant applied for an extension of her delimiting date for DEA benefits beyond February 12, 2012 due to caring for her father during school breaks, but this application was denied as it was not filed within one year of the expiration of her original period of eligibility.

The Board has dismissed the claims for service connection as they are related to a deceased Veteran.

The Veteran's surviving spouse submitted an Intent to File a Claim on June 21, 2018 and VA received the complete application form for death pension with aid and attendance on October 10, 2018. The Board found that the appellant properly submitted her Intent to File a Claim and awarded the effective date of June 21, 2018.

The Veteran's DIC claim is denied as he was not rated totally disabled for a continuous period of at least 10 years immediately preceding his death and did not meet the criteria for a former prisoner of war.

The Veteran's appeal for service connection for stomach cancer, including as due to exposure to Agent Orange, is remanded. The RO must consider all evidence of record and re-adjudicate the claim.

The Board denied the appellant's claim for nonservice-connected death pension benefits from January 1, 2016, through December 31, 2018, due to her income exceeding the Maximum Annual Pension Rate (MAPR).

The Veteran's surviving spouse, the appellant, was not found eligible for Dependency and Indemnity Compensation (DIC) benefits because she did not meet the eligibility requirements as a surviving spouse. The appeal is dismissed due to lack of jurisdiction.

The Veteran's claim for service connection for blindness of the left eye, which is related to his service-connected lagophthalmos, has been remanded due to an inaccurate opinion from a previous VA examination. The case will be reviewed and re-evaluated with new evidence and an updated medical opinion.

The Board denied the Appellant's claim for an earlier effective date than March 20, 2014 for the award of death pension benefits for aid and attendance. The decision found that no earlier effective date was warranted due to the finality of prior VA decisions and the lack of timely appeals.

The Board has determined that an additional VA examination is needed to clarify the Veteran's right eye visual field defect and its relation to his healed orbital floor fracture.

The Board has decided to remand the case due to an incomplete investigation of unreimbursed medical expenses for pension calculation purposes.

The Board denied the Veteran's claim for an initial compensable rating for his residuals of a mid-nasal septal fracture, finding that the nasal disorder did not meet or more nearly approximate the criteria corresponding to a compensable rating at any point during the appeal period.

The Board has remanded the case due to insufficient medical information for evaluation purposes, and a more definitive opinion is needed regarding the etiology of the Veteran's venous condition.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for nonservice-connected burial benefits as her husband had no pending claims or disability for which he was service-connected.

The Veteran's back disability is remanded for a VA examination to assess the current severity and manifestations of his service-connected residuals of fracture, thoracic vertebra with arthritis.

The Veteran's rhabdomyolysis evaluation is being remanded due to unresolved substance abuse impact and the need for a more detailed examination of current symptomatology.