Other conditions decisions — 2019

The Veteran's request for a waiver of overpayment of VA pension benefits in the amount of $15,530.17 was granted due to it being timely filed.

The Board has decided to remand the case due to an issue regarding the creation of a debt for overpayment of VA compensation benefits. The Veteran is advised that they must file a timely notice of disagreement and substantive appeal on this matter before it can be reviewed by the Board.

The Board has decided that the decision to withhold VA compensation benefits in order to recoup drill pay received in fiscal year 2014 was improper and has ordered a remand for further investigation.

The Board found that the reduction of the Veteran's non-service-connected disability pension benefits effective May 1, 2016 was proper due to his receipt of Social Security disability benefits.

The Veteran's surviving spouse was awarded death pension benefits, but the Appellant is not eligible for accrued benefits as she is over 23 years old and does not meet the definition of a child entitled to receive all unpaid benefits.

The appeal for service connection for the Veteran's cause of death is dismissed. The DIC benefits claim under 38 U.S.C. 1151 is remanded.

The Veteran's appeal for service connection of a prostate disorder has been dismissed due to his death.

The Board found that the veteran's other than honorable discharge was due to willful and persistent misconduct, which is a bar to VA benefits. Therefore, the decision to terminate his nonservice-connected pension benefits was proper.

The Board found new and material evidence to reopen the claim for service connection for hives, but denied the merits of the claim as there was no evidence linking the condition to service.

The appeal has been dismissed due to the death of the appellant.

The Veteran's appeal is remanded for a new examination to assess the severity of his right foot disability and an addendum opinion regarding whether his back pain is related to his service-connected left foot strain disability and/or bilateral knee disability.

The Veteran's service-connected inguinal hernia is not rated higher than noncompensable, as the evidence does not show a postoperative recurrent hernia that was readily reducible and well-supported by truss or other support.

The Board has determined that the Veteran does not have current disabilities related to his hand or finger injuries from 2007, and therefore service connection for these conditions is denied.

The Board has decided to remand the case due to insufficient information regarding the veteran's spouse's service. The claim will be reopened and a search of all relevant military databases must be conducted.

The Veteran's meralgia paresthetica, claimed as outer left thigh tingling, is currently rated as noncompensable under the Rating Schedule. The evidence does not suggest that paralysis of the nerve in her left thigh is severe or complete.

The Board denied increased ratings for the Veteran's right and left patello-femoral pain syndrome (knee disabilities) as there was no evidence of limitation of flexion or extension that warranted a higher rating.

The Veteran's appeal for TDIU was dismissed due to the death of the appellant.

The Board denied service connection for a stroke, finding no in-service event or injury that could be related to the Veteran's 2005 stroke. The Veteran claimed his stroke was secondary to service-connected hypertension, but there was no evidence supporting this claim.

The Veteran withdrew his appeal for Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities.

The Board has granted the appellant's appeal, finding that the termination of her VA pension benefits and overpayment creation were not proper due to administrative error on the part of VA.