Other conditions decisions — 2019

The Board dismissed the claim for an earlier effective date than May 16, 2013, for an award of Dependency and Indemnity Compensation (DIC) benefits because the claim was not properly filed as a freestanding earlier effective date claim.

The Board has reopened the claim for service connection for the cause of the Veteran’s death due to new and material evidence, but finds that service connection is not warranted as there is no direct link between his service-connected disabilities and his death from AML.

The Board denied the Veteran's claim for an earlier effective date of April 8, 2014, for his grant of a total rating based on individual unemployability due to service-connected disability (TDIU). The evidence did not show that he was unable to obtain and maintain substantially gainful employment as a result of his service-connected disabilities prior to this date.

The Board has decided to remand the case due to insufficient medical evidence and complexity of the issue. The Veteran's claim for service connection for ovarian cancer is being sent back for further development, including obtaining additional medical opinions from an independent oncologist.

The Veteran's son D. was added as a dependent to her VA disability compensation award on February 20, 2013, effective from June 7, 2013.

The Board has decided to remand the case due to a need for further review on whether the overpayment of VA compensation benefits was properly created, and then address the waiver issue.

The Veteran's claim for an increased disability rating for impairment of the right femur was denied as his condition did not meet the criteria for a higher evaluation.

The Board found that the Veteran's Vocational Rehabilitation benefits were properly discontinued due to his failure to maintain satisfactory conduct and cooperation, despite VA efforts to assist him. The appeal is denied.

The Veteran's overpayment of VA compensation benefits is being remanded for a determination on whether the creation of the debt was valid due to administrative error. The issue of waiver of indebtedness will be addressed after this determination.

The Veteran's TDIU claim is remanded due to the need for additional development on underlying increased rating claims, and he is asked to complete a VA Form 21-8940.

The Board has not fully addressed the Appellant's submission of medical receipts and updated SSA payment history, so the case is being remanded to determine if her income was in excess of the maximum annual pension rate (MAPR) during the applicable period.

The Board has granted service connection for cardiomyopathy secondary to herbicide exposure and for the cause of the Veteran's death. The decision finds that the evidence is in relative equipoise, with Dr. T.L.R.'s opinion indicating it is at least as likely as not that the Veteran’s heart condition is related to his Agent Orange exposure.

The Veteran agreed with the RO's decision to dismiss his appeal for an effective date prior to May 15, 2004, for the award of a TDIU rating.

The Veteran's claim for service connection for spasmodic torticollis (claimed as total disability severe spasmatic dystonia) is being remanded due to the need for additional medical opinions regarding the onset of his condition during or within one year after active duty.

The Board has determined that a remand is necessary to obtain additional medical records and conduct further examinations to determine if the Veteran's current right leg disabilities are related to VA treatment.

The Veteran's right hip arthritis was not incurred in service and cannot be presumed to have been incurred in service. The Board denied the claim for direct service connection.

The Board has remanded the case for further development, including obtaining VA treatment records and a new medical opinion regarding service connection for bilateral foot disabilities.

The Veteran's pension benefits were reinstated effective December 15, 2011. However, there is an ongoing dispute about the validity of a past-due overpayment of $11,753. The Board has decided to remand this issue for further review.

The Board has granted service connection for a skin disability as due to in-service exposure to an herbicide agent, finding that the evidence is in relative equipoise and favoring the Veteran's claim.

The Veteran's chronic gastritis is granted as secondary to the service-connected bilateral knee disabilities. The appeal was reopened due to new evidence received since the January 2009 rating decision.