Other conditions decisions — 2019

The Veteran's claims for service connection for a respiratory condition and skin condition have been denied. The claim for a disability rating in excess of 10 percent for bilateral hearing loss is being remanded.

The Board has reopened the previously denied claim of service connection for bilateral flat foot and granted it based on aggravation during service. The Veteran's pre-existing condition was found to have been aggravated by his military service.

The Veteran's divorce from the Appellant occurred in 1981, and they did not remarry prior to his death. The Appellant remarried after the divorce but is not considered the surviving spouse due to her second marriage.

The Veteran is granted service connection for the loss of tooth #9 for purposes of receiving VA outpatient dental treatment.

The Board has determined that new and material evidence has been received to reopen the evaluation of service connection for stomach cancer. The Veteran's claim is remanded for further development, including obtaining his complete service personnel records and any relevant treatment records.

The Board denied service connection for bilateral dry eye syndrome as the condition is not related to active service, but rather resulted from elective surgery performed during service.

The Veteran's pension overpayment of $139,104.00 is waived due to the lack of fault on his part and undue hardship caused by recovery.

The Board has remanded the case due to non-compliance with previous remand instructions and a need for further development regarding the Veteran's claimed period of active duty service from January 2002 to July 2002.

The Board has granted the Veteran's claims of service connection for joint pain in her right and left hips, both presumed to have been incurred during her Persian Gulf War service. However, the claim for service connection for migraines is remanded due to outstanding medical records and a need for further examination.

The Board found that the overpayment of benefits was valid due to the Veteran's failure to notify VA of his divorce from his second wife, and thus denied the validity of the debt.

The VA treatment records added to the claims file after the March 2018 SOC were not considered, and the claim must be remanded for further development.

The Board has remanded the cases due to non-compliance with previous instructions and for additional development regarding the Veteran's bankruptcy status.

The Veteran's former spouse is denied recognition as the surviving spouse for VA benefits purposes, including death compensation and/or pension benefits.

The Veteran did not have active military service and died without being disabled from a disease or injury incurred in line of duty during his period of ACDUTRA. Therefore, he is not eligible for burial in a VA national cemetery.

The Veteran's lichen simplex chronicus was previously denied, and the Board has remanded his claims for dizziness or vertigo, gastrointestinal condition, and acid reflux due to service connection.

The Veteran's appeal for a higher rating for hammer toes of the bilateral foot was denied, while he was granted TDIU based on his service-connected disabilities.

The Board has determined that a new examination is necessary to assess the current severity of the Veteran's service-connected bilateral hammer toes, including whether pes cavus is at least as likely as not related to these conditions.

The Board has remanded the case due to incomplete documentation and failure to conduct an audit of the benefits paid to the deceased spouse. The appellant is seeking payment for accrued benefits his mother received.

The Board has granted service connection for the Veteran's right elbow disability, finding that it is related to his military service.

The Board denied the Veteran's claim for service connection for fatigue and pain, finding that these symptoms are not related to his military service or an undiagnosed illness. The evidence showed that the Veteran had other diagnosed conditions such as PTSD, depression, insomnia, and traumatic brain injury which were more likely responsible for his fatigue and pain.