Other conditions decisions — 2019

The Board has decided that recovery of the overpayment for the period from September 1, 2010 to July 29, 2012 is not against equity and good conscience. However, recovery of the overpayment for the period from July 30, 2012 to October 22, 2012 is against equity and good conscience.

The Board has determined that the Veteran's cause of death may be related to exposure to ionizing radiation in service, and has ordered further development to determine if this is indeed the case.

The Board has remanded the case due to the need for a medical examination to determine if the Veteran's post-traumatic retinopathy is related to his service, specifically two concussions reported during active duty.

The Board has determined that the Veteran's thoracic paraspinal muscle strain is related to an injury he sustained during a ruck march while on inactive duty for training, and grants service connection for this condition.

The Board denied the Veteran's petition to reopen his claim for service connection for a deviated nasal septum condition, finding no new and material evidence that relates to an unestablished fact necessary to substantiate the claim.

The Board denied the Appellant's claim for an earlier effective date for death pension benefits, finding that no valid claim was filed prior to August 13, 2013. The decision is based on the lack of evidence showing a formal or informal application for death pension benefits before this date.

The Veteran's benefits are apportioned to the appellant, on behalf of their children C.W., R.W., and A.W. in the amount of 20 percent of the Veteran’s VA disability compensation benefits.

The Veteran's spouse requested an extension of her eligibility to receive DEA benefits beyond the December 13, 2014 delimiting date due to caregiving responsibilities. The Board denied this request as she did not meet the legal criteria for an extension.

The Board has remanded the Veteran's claims for an initial compensable rating for thrombocytopenia and an increased rating for non-Hodgkin's lymphoma due to new evidence received. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's benefits cannot be apportioned to the appellant on behalf of her child Y.M. because the appellant has demonstrated financial hardship, but also because the Veteran has shown undue financial hardship if such an apportionment were granted.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied as he failed to provide the necessary information and forms required by VA.

The Board denied reopening of the appellant’s claim as the Veteran's surviving spouse due to lack of new and material evidence.

The Veteran's right eye decreased vision is denied as not caused by or incurred in active duty service, to include as secondary to his left eye disability. The criteria for a higher evaluation of the left eye cataract with exotropia and diplopia are also denied.

The Veteran's appeal was dismissed because they died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits.

The Veteran's claim for service connection for Chronic Myelogenous Leukemia (CML) is denied as there was no in-service diagnosis or exposure to herbicides, and the medical evidence does not support a direct relationship between CML and his military service.

The Veteran's increased rating claim for his thoracic spine disability prior to March 11, 2014, was denied. The claim for a TDIU was also denied.

The Board has decided to remand the case due to the need for a VA examination and opinion regarding the relationship between the Veteran's basal cell carcinoma and his military service, specifically herbicide agent exposure.

The Veteran sought treatment at Florida Hospital for right hand and finger pain on July 1, 2014. The AOJ will attempt to obtain any VA medical records, including contact between the Veteran and VA Telephone Care Service on or around July 1, 2014. If successful, the claim will be readjudicated.

The Board denied the claim for service connection for cause of death due to glioblastoma multiforme, finding that there was no evidence linking the condition to service or any service-connected disability.

The Board denied the Veteran's request for an effective date prior to June 4, 2018 for the addition of his current spouse and minor child as dependents in his VA disability compensation award. The decision was based on the fact that proof of dependent status was not submitted within one year of notice of any applicable rating action.