Other conditions decisions — 2019

The Veteran's service did not occur during a recognized period of war, thus he does not meet the eligibility requirements for VA pension benefits.

The Veteran does not have a permanent and total service-connected disability, thus his eligibility for Dependents Educational Assistance (DEA) benefits is denied.

The Veteran's claim for service connection for trigeminal neuralgia was denied due to lack of evidence linking the condition to his military service. The Board has remanded the case as new and material evidence has not been received, but a pulmonary disorder claim is also being remanded.

The Board denied the Veteran's attempt to reopen his claim for service connection of a preexisting spinal cord injury, finding that new and material evidence had not been received.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's failure to notify VA of his divorce from his former spouse, which contributed to the erroneous payment. The appeal is denied.

The Board has granted service connection for the Veteran's eye disability, specifically dry eye syndrome, cataracts and pinguecula. The claims of service connection for a neck disability and right upper extremity peripheral neuropathy are remanded.

The Veteran's multiple myeloma is related to exposure to radiation during his military service and has been granted as a result.

The Board denied service connection for psoriatic arthritis, finding that the Veteran's condition is not related to his active duty service and that there is no evidence showing it was caused or aggravated by his service-connected generalized anxiety disorder with PTSD symptoms and related depression.

The Board has remanded the Veteran's claims for service connection for chronic right and left arm disabilities due to deficiencies in the prior VA examination.

The Board has found that the grant of an apportionment of the Veteran's VA compensation benefits to his former spouse was improper, which rendered the underlying overpayment invalid. Therefore, the issue of the validity of the overpayment is dismissed.

The Board has determined that the Veteran's cause of death, acute monocytic leukemia (AML), was related to his military service and granted service connection for the cause of death.

The Veteran's claim for service connection for a dental disorder, including loss of wisdom teeth and periodontal disease, is denied. The Board has also remanded the issues regarding ratings for injuries to his right and left feet.

The Board has granted service connection for acromegaly, finding that the Veteran's symptoms first manifested during his military service and he is entitled to the presumption of soundness upon entering service.

The Veteran's appeal regarding the validity of an overpayment of Chapter 33 educational benefits is remanded due to a calculation error. The AOJ needs to provide an accounting showing the correct amount of the overpayment and discuss why it should not be calculated as of April 30, 2016.

The Veteran's cause of death was not caused or contributed to by any disability incurred in service, including exposure to herbicides. The Board found no evidence supporting the appellant’s claims regarding her husband's service and exposure.

The Board has decided to remand the case due to insufficient information on the appellant's financial status, which is necessary to determine if repayment of the overpayment would result in undue hardship.

The Board denied the appellant's claim for Post-9/11 GI Bill education benefits because his service at USMAPS did not qualify as active duty for education purposes, and thus he does not meet the eligibility requirements.

The claimant is seeking apportionment of the Veteran's VA benefits in favor of their minor child. The RO must provide notification to the claimant and give her an opportunity to respond, as well as request updated information regarding income and expenses from both parties.

The Veteran's service records show he was diagnosed with scoliosis during his active duty. However, the VA examiner found no current pathology related to the spine upon discharge. The case is being remanded for another examination to determine if the Veteran currently has a back condition and its etiology.

The Veteran's claim for a benefit level in excess of 50 percent under the Post-9/11 GI Bill was denied as there is no legal basis to find him eligible due to his dishonorable discharge.