Other conditions decisions — 2019

The Veteran died in 2015 and had a pending claim for service connection for degenerative osteoarthritis. The Board found that the Appellant, who was an adult son of the Veteran, did not have legal entitlement to accrued benefits as he has no standing to file a claim.

The Veteran's debt of $10,241.93 is being remanded for further review due to the validity of overpayment from January 14, 2016 to September 21, 2017 and a potential waiver of the debt from November 1, 2009 to June 29, 2010. The Veteran was incarcerated during these periods.

The Veteran's appeal to the propriety of retroactive reduction of his VA compensation benefits based on a period of incarceration from March 31, 2008 to June 7, 2008 was found timely. The matter is now remanded for further consideration.

The Board has reopened the claim of service connection for left bundle branch block and granted it, finding that there is at least equipoise evidence to support a finding that the condition began during active duty.

The Board dismissed the appellant's claim for an earlier effective date for DIC, finding that it was not warranted and noting that any such claim would fail as a matter of law. The Board also addressed a separate issue regarding service connection for colon cancer but found no issues warranting referral.

The Veteran's cause of death is listed as non-Hodgkin's lymphoma, but the Board finds remand necessary to verify if he was exposed to herbicides during his service at U-Tapao RTAFB in Thailand. The case will be referred to the Joint Services Records Research Center (JSRRC) for verification.

The Board denied recognition of D. as the Veteran's dependent child for VA purposes due to lack of legal adoption or guardianship, despite having permanent custody since March 2012.

The Veteran's claim for an earlier effective date for the grant of service connection for lower urinary tract symptoms (LUTS) is denied as there was no formal or informal claim filed prior to August 26, 2015.

The Board denied service connection for cone dystrophy, finding that the condition was not aggravated by military service and giving more weight to the opinion of a VA clinician.

The Veteran's application for educational assistance under the Montgomery GI Bill-Select Reserve (MGIB-SR) was denied because her active duty period, from August 13, 2014 to February 20, 2015, was considered initial active duty training (IADT), which suspended her eligibility for MGIB-SR benefits.

The Veteran's service-connected fibromyalgia with fatigue and irritable bowel symptoms have led to his bowel/fecal incontinence and loss of anal sphincter control. The Board has ordered a remand for further examination to determine if these conditions are caused or aggravated by the service-connected condition.

The Veteran's daughter is not eligible for accrued benefits as she does not meet the criteria of being a child for VA purposes and there were no due and unpaid periodic monetary benefits at the time of his death.

The Board has remanded both the lower back pain service connection and TDIU claims due to deficiencies in the May 2016 VA examination. The Veteran's lower back pain is being reviewed again with a new addendum opinion.

The Board denied service connection for the cause of death due to sepsis from presumed pneumonia, liver failure, and gastrointestinal bleeding as these conditions were not shown in service or related to service.

The Veteran's claim for disability compensation under 38 U.S.C. § 1151 for growth in the throat vocal cords, status post biopsy was denied due to lack of evidence showing negligence or fault on VA's part. The Veteran’s claim for a higher rating for residuals of a fracture of his right 4th metacarpal was also remanded.

The Veteran's death was found to be caused by service-connected conditions, and the appellant received accrued benefits for her deceased spouse. The issues of service connection for the cause of death, accrued benefits based on squamous cell carcinoma, and accrued benefits based on SMC were all granted.

The Veteran's neuralgia of the left ilioinguinal, iliohypogastric, and genitofemoral nerves is rated as moderate incomplete paralysis. The Board denied an initial compensable rating for these conditions.

The Veteran's application for nonservice-connected pension benefits was denied due to excessive countable income, as he failed to provide the required information about his spouse's income and net worth.

The Veteran's application to reopen the claim of service connection for a gastrointestinal disorder has been granted.,The application to reopen the claims of service connection for porphyria cutanea tarda and chronic liver disease have not been successful.

The Board has denied the Veteran's claim for service connection for a bilateral leg condition, finding that there is no current diagnosis of such a condition. The Board also remanded the issue of service connection for bilateral hip arthritis due to potential aggravation by service-connected knee and ankle osteoarthritis.