Other conditions decisions — 2019

The Board denied the Veteran's claim for a total disability rating based on individual employability due to service-connected disabilities, finding that his conditions do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has remanded the case due to the Veteran's challenge to the validity of the overpayment debt. The AOJ must first adjudicate whether the debt was properly created and rectify any errors before readjudicating the waiver claim.

The Veteran's claim for a compensable initial staged rating for mantle cell lymphoma from October 1, 2013 is being remanded as the RO failed to issue a Statement of the Case.

The Board dismissed the appeal as there was no longer a justiciable case or controversy regarding the overpayment of VA compensation benefits due to the retroactive removal of the Veteran's former spouse, B.R.

The Board denied the claim for increased DIC benefits based on a finding of no clear and unmistakable error in the April 2008 rating decision that awarded a 100 percent rating for Lyme disease effective October 14, 2005. The Veteran was not entitled to enhanced DIC benefits under U.S.C. § 1311(a)(2) because he did not have service-connected disability rated totally disabling for at least eight years immediately preceding his death.

The Board denied the claim for increased DIC benefits based on a finding of no clear and unmistakable error in the April 2008 rating decision, as there was no CUE. The Veteran's service-connected Lyme disease did not meet the criteria for enhanced DIC benefits under U.S.C. § 1311(a)(2) because he had not been rated totally disabled for eight years prior to his death.

The Board has not found the Veteran's paper file, and therefore remands the case to locate or rebuild it.

The Board has granted a waiver of indebtedness for an overpayment in the amount of $4,201.46 due to retroactive withholding of compensation payments during incarceration.

The Board has decided to remand the case due to conflicting medical opinions regarding the etiology of the Veteran's Chronic Myeloid Leukemia. The claim will be reviewed with a focus on whether CML can be characterized as a b-cell leukemia or is analogous to one, and if it had onset in service including exposure to Agent Orange.

The Board has granted service connection for a lacrimal gland disorder, finding that the Veteran's current condition is at least as likely as not related to his in-service exposure to sand during a sandstorm.

The Veteran's cause of death, upper gastrointestinal bleeding, was not related to service and the VA treatment did not contribute to his death. Therefore, service connection for the cause of death is denied.

The Board denied DIC benefits for the cause of death due to cardiac arrhythmia and pancreatic cancer, finding that service connection was not warranted as none of the service-connected disabilities caused or contributed substantially or materially to the Veteran's cause of death.

The Veteran's claims for service connection for pineal region brain meningioma and an increased rating for residuals of nasal fracture with septoplasty have been denied. The Board found no evidence linking the conditions to active duty service or a service-connected disability.

The Veteran's death did not result in any pending claims for accrued benefits at the time of his death, so the claim is denied.

The Board has decided to remand the case due to new evidence submitted by the Appellant regarding possible soil or ground water contamination at Kriegsfeld Special Weapons Depot - North Point, and a request for further investigation.

The Board has determined that a medical opinion is necessary regarding whether the Veteran's service-connected atypical chest pain and mitral valve prolapse contributed to his death from atherosclerotic cardiovascular disease. The examiner must provide an opinion addressing causation and aggravation.

The Veteran's claim to reopen her service connection for a neurological disorder, including lung and skin disorders, is granted. The issue of secondary service connection due to PTSD is remanded.

The Veteran's claim for service connection for residuals of a left Achilles tendon injury is denied as there is no evidence showing the condition was incurred in or aggravated by service.

The Veteran's claim for service connection for colon cancer was denied because the evidence did not show an event, disease or injury in service and there was no link between his service and his condition. New evidence received since the denial does not relate to an unestablished fact necessary to substantiate the claim.

The appellant is not recognized as the Veteran's surviving spouse for VA benefits due to her divorce from the Veteran, which occurred after his death.