Other conditions decisions — 2019

The Veteran's waiver request for overpayment of VA improved pension benefits was denied as recovery would not be against equity and good conscience.

The Veteran's claim for a higher disability rating for retinal detachment of the right eye under 38 U.S.C. § 1151 was granted, with a final effective date of October 23, 2009.,A separate 10% disability evaluation for loss of nasal half of visual field in the right eye was also granted, effective September 11, 2015.

The Veteran's claim for service connection for progressive dysfunction of the muscles and nerves to include complete paralysis of the extremities and a brain disability is denied as there is no probative medical evidence linking these conditions to his military service.

The appellant's DIC benefits were denied because she remarried after the Veteran's death, which terminated her eligibility for these benefits.

The Board found that the creation of an overpayment of nonservice-connected pension benefits in the amount of $5,896 was valid due to the Veteran's incarceration. The Veteran's request for waiver of recovery of this overpayment was not timely filed and therefore denied.

The Board denied service connection for loss of teeth due to trench mouth, finding that the Veteran did not have a current dental disability and that his condition was due to periodontal disease.

The Veteran's endocarditis is being remanded for further examination and review of his medical history to determine if it is at least as likely as not incurred during military service, including presumed herbicide agent exposure.

The Board is unable to determine if the Veteran's service qualifies for nonservice-connected pension benefits due to a lack of clarity in their DD Form 214. The case is being remanded to clarify the nature of the appellant’s service.

The Veteran's claim for a waiver of recovery of overpayment of educational assistance benefits is being remanded due to the lack of accurate financial information provided in his initial Financial Status Report. The Board requests an updated report from the Veteran.

The Veteran's claim for more than 5 months and 23 days of VA education benefits under the Post-9/11 GI Bill Program (Chapter 33) is denied as he has already received and transferred his entitlement.

The Veteran's appeal is remanded to obtain additional medical records and an independent medical examiner's opinion regarding the cause of his current right hand disabilities, which may include complications from previous surgeries.

The Board has granted service connection for the Veteran's colorectal cancer, finding that it is at least as likely as not related to his active duty service and in-service herbicide exposure.

The appeal is dismissed because the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has remanded the Veteran's claims for increased evaluations for double vision and left eye diplopia due to new evidence received after a Substantive Appeal was filed, which requires consideration by the RO. The claim is being remanded for additional development including obtaining updated VA outpatient treatment records and arranging for an examination of the Veteran’s eyes.

The Veteran's full-time ADTS service from August 11, 2014 to August 20, 2015 is considered skill training and is now creditable for Post 9/11 GI benefits. The Board found the Veteran entitled to payment of Post 9/11 GI Bill benefits at the 100 percent rate.

The Board has remanded the Veteran's claims for service connection for neck pain and residuals of laceration of the left hand due to a lack of medical evidence addressing their etiology. The Veteran will need to undergo VA examinations to determine if his current conditions are related to his military service.

The Veteran's claims for service connection for tobacco use disorder and a stomach condition are being remanded due to the need for additional development of medical records.

The Veteran's claim for payment or reimbursement of non-VA medical care provided from August 5 to August 8, 2014 at Winter Haven Hospital in Florida was denied because the claim was not filed within the required 90-day period after discharge.

The Board has decided to remand the case due to a lack of an examination regarding the etiology of the Veteran's claimed bilateral bunion (hallux valgus) disabilities.

The Board has determined that the Veteran's claims for service connection for dizziness, fatigue, neck tumor, and tumor left side of face should be remanded due to a lack of VA examinations. The Veteran served in Southwest Asia during the Gulf War.