Other conditions decisions — 2019

The Veteran's appeal for a rating in excess of 70 percent for his service-connected panic disorder is denied. The Board finds that the evidence does not demonstrate total social impairment required for a 100 percent disability rating.

The Board has remanded the case due to a request for a waiver of recovery of an overpayment of VA compensation benefits. The debt must be referred to the Committee on Waivers and Compromises (COWC) for review.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance or housebound status was dismissed due to his death.

The Board denied the appellant's request to extend his eligibility for Dependents' Educational Assistance (DEA) benefits beyond December 14, 2018 due to not meeting the criteria and because he was over the age of 31.

The Veteran's antrectomy (distal gastrectomy) and splenectomy were both rated at 20 percent, which is the maximum schedular rating permitted. The Board denied increased ratings for these conditions as they did not meet the criteria for a higher rating under Diagnostic Code 7308 for antrectomy or Diagnostic Code 7706 for splenectomy.

The Veteran's claim for service connection for essential tremors is granted, but the issue is remanded due to the need for a VA examination.

The Board has determined that the Veteran's thoracic aortic aneurysm needs further evaluation and treatment records to determine if it is related to his service or aggravated by any service-connected disability. The case is being remanded for these purposes.

The Board dismissed the appeal due to the appellant's request for withdrawal of all issues.

The appeal is dismissed due to the appellant's death, and no further action can be taken on this case.

The Veteran's claim of service connection for thrombocytopenia purpura is being remanded due to the need for further development and medical opinion regarding the nature, etiology, and relationship to service.

The Board found that the Veteran's overpayment of VA compensation benefits due to concurrent receipt of disability compensation and active service pay for 110 drill days in FY 2015 was not properly created, thus granting the appeal.

The Veteran's appeal for a total disability rating based on individual unemployability prior to January 19, 2012 has been dismissed due to the death of the Veteran.

The Board denied the appellant's claim for additional accrued benefits, finding that she is not eligible to receive any benefits due to her not meeting the definition of a surviving child and because the expenses claimed were not incurred as part of the Veteran's last sickness or burial.

The Veteran's claims for higher ratings for her low back disability and TDIU are being remanded due to the need for additional VA examinations to assess the severity of her disabilities.

The Veteran's claim for special monthly compensation (SMC) due to the need for regular aid and attendance or on account of being housebound as a result of service-connected disabilities is remanded because his condition may have worsened, requiring a new VA examination.

The Board denied the veteran's claim for service connection for mild mitral regurgitation, finding that her condition was not aggravated by service and that there is no evidence of aggravation beyond its natural progression.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for purposes of entitlement to VA benefits such as DIC or accrued benefits due to her divorce from the Veteran and remarriage, despite evidence of abuse within their marriage.

The Veteran was awarded a disability rating in excess of 30 percent on November 19, 2010. He submitted all necessary information to add his spouse as a dependent within one year of the October 2011 decision, and an earlier effective date is granted.

The Veteran's periods of active duty from July 24, 2005 to November 3, 2005 and January 17, 2008 to August 5, 2008 do not qualify for Post-9/11 GI Bill benefits as they were part of the ROTC scholarship program. The Veteran's service from August 6, 2008 to January 24, 2009 qualifies for Post-9/11 GI Bill benefits and he is therefore entitled to a benefit level of 40 percent.

The Veteran's appeal was denied because he did not provide information about his spouse A.'s prior marriages, which is required for VA dependency benefits.