Other conditions decisions — 2019

The Board has determined that the overpayment of VA compensation benefits due to the Veteran's fugitive felon status from August 2, 2004, to July 19, 2007, was not properly created and thus grants the appeal.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, resulting in a bar to VA benefits. The character of his service is now considered not a bar to receiving VA benefits.

The Board has remanded the case due to incomplete deck logs from the USS Hunley, which are necessary for a determination of service connection.

The Board denied the reopening of a claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, including medical records that did not provide a nexus between the Veteran's presumed exposure to Agent Orange and his death.

The Board denied service connection for spondylolysis and multiple Schmorl’s nodes, finding that the conditions preexisted service and were not aggravated by military service. The Veteran's current diagnoses of these conditions are presumed to have existed prior to his entry into active duty.

The Veteran's right foot disability has been rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Veteran's daughter, who was born in 1951 and attained the age of 18 in 1969, is not entitled to death pension benefits as her income exceeded the maximum annual income for such benefits.

The Board granted the Veteran's claim for service connection for leukopenia, reopening it based on new evidence. The decision also addressed the methodology used by VA to measure radiation exposure.

The claim for service connection for the Veteran's cause of death is reopened due to new and material evidence. However, the Board has determined that remand is necessary as there are insufficient medical opinions regarding the etiology of the Veteran's cause of death.

The Veteran's claims for service connection for abdominal aortic aneurysm, duodenal ulcer, and incisional abdominal hernia were denied. The Board found that the evidence did not support service connection for these conditions. The Veteran’s claim for increased disability evaluation for his duodenal ulcer was also denied. His claim for TDIU was remanded.

The Board denied service connection for a skin disability, finding that the Veteran's squamous cell carcinoma and actinic keratosis did not begin during service or are otherwise related to service, including exposure to herbicide agents.

The Board has remanded the case for further review due to issues related to overpayment of pension benefits and termination of pension benefits based on excessive income. The validity of the debt creation is also under dispute.

The Board denied the Veteran's claim for service connection for a hysterectomy, finding that it was not related to her service-connected premature ovarian failure and did not meet the requirements for direct or secondary service connection.

The Board has remanded the case due to incomplete records and a need for an opinion on the cause of death.

The Board has determined that additional development is necessary for the Veteran's increased rating claims associated with his umbilical and inguinal hernia disabilities, as well as his TDIU claim. The cases are being remanded to allow for further examination and evaluation.

The Board has determined that the Veteran's claims for service connection related to her gynecological conditions and female sexual arousal disorder (FSAD) require additional medical examination and opinion due to inadequate previous opinions.

The Board has found that the Veteran's death was not caused by service-connected conditions, and the claim for accrued benefits is denied. The DIC claim due to a 1993 surgery at VA hospital is remanded as there are insufficient medical opinions.

The appellant was denied recognition as the surviving spouse of the Veteran for VA death benefits because she and the Veteran were divorced at the time of the Veteran's death, which disqualifies her from being considered a surviving spouse.

The appellant's income exceeded the maximum annual pension rate (MAPR) for nonservice-connected death pension benefits, and her claim was denied.

The Veteran's appeal for a higher rating from April 1, 2014 is remanded due to the need for an updated VA examination to assess the current severity of his right foot disability.