Other conditions decisions — 2019

The overpayment of VA compensation benefits in the amount of $56,332.29 was not properly created due to the Veteran's eligibility for Concurrent Retirement and Disability Pay (CRDP), which allowed him to receive both military retired pay and VA disability compensation without waiving his military retired pay.

The Veteran's son seeks to have VA release retroactive special monthly pension benefits to the Veteran's estate. The Board acknowledges that accrued benefits may be paid for unreimbursed medical expenses, but the appellant's argument is without legal merit as the expenses were used to reduce the Veteran’s countable income in determining his eligibility for nonservice-connected pension benefits. A remand is necessary to determine if the estate may be entitled to accrued benefits on burial expense grounds.

The Board granted an effective date of April 25, 2012 for the award of a 100 percent rating for loss of use of the bilateral lower extremities. The earliest evidence that reasonably establishes this condition is from a VA examination dated on that day.

The Board is remanding the case to determine if the Veteran was entitled to nonservice-connected pension benefits from February 1, 2008, to January 31, 2013.

The Veteran's request for transfer of Post-9/11 GI Bill education benefits to his daughter was denied because he did not meet the service obligation requirements.

The Board has remanded the cases of service connection for a bilateral eye disorder, an initial compensable rating for nasal fracture, and service connection for a bladder/urinary disorder due to pending development.

The Board has remanded the claims for service connection and TDIU due to issues with the Veteran's left hip, including whether his current condition is due to aggravation of a pre-existing injury.

The case is being remanded to ensure full compliance with the contested claims procedures and to refer it to the Office of General Counsel for a reasonableness review.

The Veteran's claim for a rating in excess of 30 percent for granuloma annulare was denied. The appeal is still pending as other issues remain unresolved.

The Veteran's skin condition is being remanded for a new examination and additional medical records to be obtained.

The Board has found that the Veteran's service-connected bilateral hallux valgus warrants a 10% rating. The issue of service connection for a foot condition, other than hallux valgus, to include pain and loss of feeling in toes and feet is remanded.

The Veteran's eligibility for VA educational assistance under Chapter 1606 of Title 10 (Montgomery GI Bill for Selected Reserves) was denied because his eligibility had been terminated as of October 7, 1995. The Board is bound by the determination made by the Department of Defense.

The Veteran's cause of death, colonic cancer, was not incurred in service and is not etiologically related to service. The Board denied both the claim for service connection for cause of death and non-service connected death pension benefits.

The Veteran's attorney requested to withdraw the appeals for right leg venous insufficiency and left leg venous insufficiency, so these claims are dismissed.

The Board has remanded the cases due to inadequate examination and new evidence is needed for a determination of the current severity of the Veteran's right and left tibia disabilities.

The Veteran's application for TDIU was remanded due to incomplete information about his employment history. The Board requires additional development, including obtaining clarification from the Veteran regarding his employment and seeking SSA disability benefits records.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's diagnosed eye disabilities and his active service, including presumed herbicide agent exposure. The Veteran is requested to provide VA Form 21-4142 for all private healthcare providers who have treated him for any eye disabilities, and VA should obtain all relevant VA and private treatment records.

The Veteran's squamous cell carcinoma, left tonsil, with left lymph node metastasis status post left radical tonsillectomy and neck dissection is related to exposure to an herbicide agent during service. Service connection for this condition is granted.

The Board has not yet reviewed the additional evidence added to the file since the last SSOC, and therefore the appeal must be remanded for a new SSOC.

The Board denied service connection for a nasal disorder and a breathing disorder, finding that the Veteran does not have current diagnoses of these conditions.