Other conditions decisions — 2019

The Veteran's appeal was dismissed due to his death, and the claims have become moot.

The Board has remanded the case due to insufficient information about the Veteran's work history during the appeal period and for consideration of entitlement to TDIU under 38 C.F.R. § 4.16(b).

The Veteran's pension debt for the period of February 2007 through February 2012 was reduced from $34,789.20 to $33,282.50 due to unreported income and incarceration.

The Board dismissed the appeal because a waiver of debt has already been granted, and thus there is no justiciable issue remaining.

The appellant is not eligible for nonservice-connected death pension benefits due to excessive income.

The Board has determined that a VA medical opinion is needed to determine if the Veteran's service-connected subtotal gastrectomy with dumping syndrome contributed substantially or materially to his death. The AOJ should obtain and associate any outstanding medical records, including hospice records and VA treatment records, and refer the claims file to a suitably qualified VA examiner for a medical opinion.

The Board denied service connection for bilateral inguinal hernia as there is no evidence showing any increase in severity of the hernia during service and the appellant has not reported having a diagnosis or any residuals of a hernia.

The Veteran's spouse is denied accrued benefits and non-service-connected survivor’s death pension due to her income exceeding the maximum allowable amount.

The claim of recognizing the appellant as the Veteran's spouse for VA death benefits has been denied due to lack of evidence supporting a valid marriage and living together prior to the Veteran's death.

The Veteran's claim for service connection for loss of teeth due to in-service trauma is denied as there is no evidence showing the Veteran has a current dental disability.

The Board has granted an earlier effective date of July 1, 2004 for the award of service connection for cause of death due to exposure to Agent Orange in Vietnam. The claim was filed within one year of the Veteran's death and is considered direct service connection.

The Board has not reviewed the documents that were considered in its decision to deny the Veteran's request for a waiver of recovery of an overpayment. These missing documents include notifications, responses, and other relevant records. The claim is being remanded so these documents can be associated with the claims file.

The Board denied service connection for inguinal hernia, left testicle pain and tingling, bladder infection, and an acquired psychiatric disorder (PTSD and delusional disorder). The issues of peripheral neuropathy and shoulder disability were also remanded.

The Board denied the appellant's claim for recognition as a helpless child of the Veteran due to lack of evidence establishing a parent-child relationship.

The Veteran's otitis media is not manifested by aural polyps and there have been no confirmed episodes of suppuration. The Board has granted a separate, noncompensable disability rating for otitis media.

The Board has remanded the case due to missing medical records and consent forms related to the Veteran's right eye procedures conducted on August 28, 2013.

The Board denied service connection for left-sided facial weakness, finding that the evidence did not establish a current disability or link to service. The Veteran's claims were based on her service-connected allergic rhinitis and sinusitis, but multiple medical opinions found no actual diagnosis of facial nerve palsy.

The Board has remanded the case due to insufficient evidence and a need for further development, including obtaining VA and private treatment records.

The Board has decided to remand the case due to incomplete service personnel records and the need for an advisory medical opinion regarding the etiology of the Veteran's meningioma.

The Veteran seeks a waiver of an overpayment in the amount of $34,212.00. The Board finds that the validity of this debt needs to be reviewed before considering the waiver request.