Other conditions decisions — 2019

The Veteran's death was not considered service-connected, and the appellant did not meet the criteria to be reinstated as a surviving spouse for Dependency and Indemnity Compensation benefits due to remarriage before reaching age 57.

The Veteran withdrew his claim for a total disability rating based on individual unemployability due to service-connected disorders before the Board could make a decision.

The Veteran's service connection claims for an undiagnosed respiratory condition and meralgia paresthetica have been remanded due to the need for additional medical examination.

The Board has found that a debt for overpayment of DIC benefits was validly created. The case is now remanded to determine if a waiver of recovery should be granted based on the appellant's current financial situation.

The Veteran's adult daughter is not eligible for accrued benefits as she has already been reimbursed for all burial expenses. The appeal is denied.

The Board denied service connection for the cause of the Veteran’s death, finding that there was no evidence to support a diagnosis of ALS during his lifetime and that it did not contribute to his death.

The Board has decided to remand the case for further action regarding whether an overpayment of disability compensation benefits was properly created and if a waiver is appropriate.

The Board has remanded the case due to a need for further verification of the appellant's service records.

The Veteran's service-connected left claw hand disability requires the need for regular aid and attendance of another person, resulting in a grant of special monthly compensation (SMC) based on this need.

The appellant's service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the U.S. Armed Forces during World War II is denied due to lack of verification from the Department of the Army.

The Veteran's claim for a benefit level in excess of 90 percent under the Post-9/11 GI Bill was denied as there is no legal basis to find him eligible due to his character of discharge.

The Board has decided that the Veteran's skin disability may be related to herbicide exposure during service, but the VA examination provided was inadequate. The case is being remanded for a new examination and opinion.

The Veteran's additional disabilities, including depressive and neurocognitive disorders, centrocecal scotoma of the left eye, and hemiparesis affecting the left arm, leg, and facial features, are deemed to be caused by VA carelessness or negligence during a cardiac catheterization in April 2008. As such, he is granted compensation under 38 U.S.C.A. § 1151 for these disabilities.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits. The appeal is denied as there are no legal grounds to grant burial benefits.

The Veteran's claims for increased ratings for Scheuermann's disease of the thoracolumbar spine and residuals of a left torn anterior attachment of the medial meniscus are being remanded due to the need for additional development.

The Board has remanded the Veteran's claims for an initial compensable disability rating for tardive dyskinesia and service connection for a left eye twitch, to include as secondary to tardive dyskinesia. The case is being returned to the AOJ for further development.

The Board found that the overpayment of VA additional compensation benefits due to removal of a spouse, P., following divorce in March 2001 and the addition of a spouse, L., from July 16, 2003 was properly created. However, it is unclear if the correct amount of monies were recouped.

The Board denied the appellant's claim for an earlier effective date for Dependency and Indemnity Compensation (DIC) benefits, finding that her claim was not received within one year of the Veteran's death. The effective date is set at April 29, 2016.

The Board has granted service connection for multiple myeloma, finding that the Veteran was exposed to herbicides during his service at U-Tapao, Thailand. The decision is based on the presumption of exposure due to herbicide use.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA death benefits purposes, finding that there was no valid common law marriage between them.