Other conditions decisions — 2019

The Veteran's deviated nasal septum is rated at the maximum 10 percent rating allowed by law, and there is no evidence of a higher rating based on his symptoms or medical findings.

The Board found that the Veteran's service-connected cutaneous t-cell lymphoma mycosis fungoides (MF) did not cause or contribute substantially to his death from metastatic colon cancer. The Board also determined there was no evidence of radiation exposure in Guam, which would have allowed for presumptive service connection.

The Veteran's laryngeal cancer was not related to his active service, including exposure to ionizing radiation during service. The claim for service connection is denied.

The Veteran's appeal regarding the apportionment of his VA disability compensation benefits to his spouse is denied as there was no evidence of undue hardship resulting from the apportionment.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Board denied recognition of K.E. as the Veteran's dependent child for VA purposes due to not meeting the criteria for a stepchild who acquired status before age 18.

The Board has remanded the case due to inconsistencies in the Veteran's reported date of marriage to his spouse, A.B. The effective date for adding A.B. as a dependent is not determined yet.

The Veteran's residuals from the left partial maxillectomy and subsequent radiation therapy are not service-connected as they were a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's death was not due to exposure to herbicide agents, but the Board has decided to remand the case for further investigation of potential service connection based on new evidence.

The Board has decided to remand the case for a VA examination and opinion regarding whether the Veteran's pre-existing stomach/gastrointestinal disorder was aggravated by active service, and if his current condition is related to his military service.

The Board has denied service connection for left and right leg disabilities as there is no current diagnosis of such conditions.

The Veteran's death was due to hospice care provided by VA, meeting the criteria for nonservice-connected burial benefits.

The Veteran's son requested an extension of his DEA benefits due to incarceration, but the Board denied the request as he did not provide evidence that his education was suspended due to conditions beyond his control.

The Board denied the Veteran's request for a waiver of overpayment of education benefits, finding that the fault lay with the Veteran in not notifying VA about his withdrawal from the program and that recovery would not be against equity and good conscience.

The Board denied the Veteran's appeal as the overpayment of VA disability compensation benefits was properly created due to a retroactive payment of attorney fees based on a valid fee agreement.

The appellant's income was found to be over the maximum allowable pension rate (MAPR), and her claim for a death pension is denied.

The Board is requesting additional records from the Veteran's private care providers and the Social Security Administration to properly adjudicate the service connection for the cause of death claim.

The overpayment of VA compensation benefits was properly created due to the Veteran's failure to notify the RO promptly after her divorce, resulting in an overpayment.

The Veteran's unauthorized medical expenses at Littleton Adventist Hospital from April 28, 2010 to April 30, 2010 were not covered by VA or a Federal facility. The case is remanded for further development regarding the amount paid by Medicare and/or Medicaid and whether the Veteran has personal liability.

The appellant's income exceeded the maximum annual pension rates for 2013, preventing her from receiving nonservice-connected survivor pension.