Other conditions decisions — 2019

The Board has granted a waiver of recovery for overpayment of DIC benefits, finding that the debt was created due to VA's oversight and the Appellant's prompt notification of her remarriage. The decision concludes that requiring repayment would be against equity and good conscience.

The Veteran's paralyzed vocal cord and throat pain are considered residuals of the September 2016 lung surgery, which was performed under informed consent. The Board finds no evidence of carelessness or negligence on the part of VA personnel in performing the surgery.

The Veteran's claim for service connection for tremors, which he claims are related to exposure at Camp Lejeune, is being remanded due to the need for a VA examination and the potential relevance of private treatment records.

The Board denied the Veteran's claim for an effective date prior to July 8, 2014 for the award of additional compensation for a dependent spouse due to lack of evidence showing that VA was notified of his marriage prior to this date.

The Board denied the Veteran's claim of service connection for stroke due to high cholesterol, finding that there is no nexus between his current stroke and his active service.

The Veteran's death was due to a service-connected disability. The appellant is the child of the deceased veteran and thus eligible for retroactive Dependents' Educational Assistance (DEA) benefits. The Board granted retroactive DEA benefits for educational expenses incurred from February 1997 to May 1999.

The appeal was dismissed due to the death of the appellant.

The Board has ordered a remand to determine the feasibility of the Veteran's vocational goal for VR&E benefits, specifically whether self-employment services are warranted.

The Veteran's claim for an earlier effective date for the grant of service connection for a right knee disability was denied as his original claim was not received within one year of discharge and no new evidence was submitted within that period.

The Board has decided that the appellant's claim for nonservice-connected death pension is remanded to allow further inquiry into her living situation and whether it qualifies as a reimbursable medical expense.

The Board denied service connection for the cause of death due to a motor vehicle accident, finding that the Veteran's service-connected cognitive disorder and dementia did not contribute substantially or materially to his death.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's service-connected diabetes mellitus caused or aggravated his peripheral vascular disease. The VA needs to provide an addendum opinion from a qualified examiner.

The Board has remanded the case due to issues related to termination of death pension benefits and accrued benefits for excessive income.

The Veteran's initial claim for a higher rating for schizoaffective disorder was granted, with a 10% rating from February 6, 2012, to December 8, 2015. The appeal is remanded as the evidence does not support a higher evaluation of 70% or above for the period from December 8, 2015, to May 17, 2018.

The Veteran's claim for an earlier effective date for service connection of liver cancer is denied as the earliest eligible effective date is March 14, 2017, when the law was changed to add liver cancer as a condition presumed to be associated with exposure to chemicals at Camp Lejeune.

The Board has decided to remand the case due to an incomplete medical opinion regarding whether the Veteran's right hip strain is related to service. The claim will be reviewed again with a new medical opinion.

The Veteran's service was not during a period of war, and he did not receive disability pension. Therefore, the criteria for death pension benefits are not met.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's Chiari malformation was aggravated by his military service.

The Veteran's tailbone fracture and neck disorder were not incurred in or aggravated by service.,Right foot drop was not incurred in or aggravated by service.

The Veteran's appeal to establish an effective date prior to February 1, 2015 for the award of additional compensation for a dependent child on the basis she was pursuing a course of instruction at an educational institution approved by VA is denied.