Other conditions decisions — 2019

The Veteran's child, A.D.D., did not have spina bifida. The appellant does not meet the criteria for benefits under 38 U.S.C. §§ 1805 or 1815.

The Veteran died from neuroendocrine carcinoma of the pancreas. The Board found that this condition was not service-connected and denied the claim for service connection.

The Veteran's waiver of recovery for an overpayment of additional VA compensation benefits for a dependent spouse in the amount of $22,699.32 is granted due to fault on his part and undue hardship.

The Board denied the Veteran's claim for service connection for residuals of a left hand fracture as there was no evidence linking his current condition to his military service.

The VA educational benefits transfer to the appellant's daughter was not completed due to the Veteran's discharge from service. The appeal is remanded as additional records are needed to fully evaluate the claim.

The Board has decided to remand the case due to insufficient opinions regarding service connection for male infertility, specifically related to exposure to asbestos at Camp Pendleton and toxic chemicals in Southwest Asia. The Veteran's infertility is being reviewed again with additional medical opinions.

The Board denied the Veteran's claim for service connection for a left leg disability, finding that there was no evidence of any permanent increase in severity during active duty service and concluding that his left leg disability was not aggravated by service.

The Board has remanded the case due to insufficient medical evidence regarding the etiology of the Veteran's hysterectomy/menstrual condition, including whether it is related to her service in the Persian Gulf.

The Veteran's appeal is remanded due to the need for a new VA examination to assess her left knee disability, including pain on active and passive motion testing. Up-to-date VA treatment records should be obtained.

The Board has remanded the claim for compensation under 38 U.S.C. § 1151 due to an inadequate statement of reasons or bases in the September 2015 VA addendum opinion, and a need for a medical opinion from a specialist at a different VA facility regarding the standard of care during the Veteran's December 2007 surgery.

The Board found that the overpayment of VA death pension benefits was due to the Appellant's failure to notify VA of her retroactive SSA benefits. The Board granted a waiver of recovery, finding it against equity and good conscience to recover the debt given the Appellant's financial hardship.

The Veteran's appeals for service connection for right and left hip bursitis have been dismissed as the Veteran requested withdrawal of these issues.

The Board found that the Appellant is not entitled to both DIC and death pension benefits, as she had already received the death pension payments. Therefore, VA properly withheld part of the retroactive payment for DIC.

The Board found that the appellant and the Veteran remained married at the time of the Veteran's death, despite a divorce being noted in some documents. The Board also found that the separation was due to the Veteran's misconduct without fault on the part of the appellant. As such, the appellant is recognized as the surviving spouse for VA benefits.

The Veteran's disability rating for Lyme disease was reduced from 100 percent to 40 percent effective December 1, 2012. The Board has ordered the missing VA treatment records and SSA disability benefits decision be obtained and associated with the claims file before readjudicating the issue.

The Veteran's appeals for increased ratings for her left and right Achilles tendonitis are being remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims for a VA examination to determine the nature and severity of his service-connected skin disorders, including whether weight loss is attributable to his ongoing treatment or disability. The TDIU claim is also being remanded.

The Veteran's appeal for service connection and special monthly pension benefits has been dismissed due to their passing.

The Board has remanded the case for further development and examination to determine if the Veteran's interstitial fibrosis is related to his service, specifically asbestos exposure.

The claim of service connection for sexual dysfunction is reopened, and the claims for an evaluation in excess of 10 percent or urethritis and TDIU are remanded due to issues being inextricably intertwined with the LUTS issue.