Other conditions decisions — 2019

The Veteran's death was attributed to esophageal cancer, and the claim is remanded due to missing personnel records from his service period in 1974-1975. The need for verification of radiation exposure at Johnston Island is also noted.

The Veteran's daughter, who was married and divorced by March 2000, is not considered a helpless child due to her marriage status. The Board denied the claim as the evidence did not show she became permanently incapable of self-support prior to age 18.

The Board denied service connection for both strongyloidiasis and ulcerative colitis, finding that there was no evidence of a nexus between the conditions and service.

The Veteran's death appeal for accrued benefits was remanded due to the need to consider the claim on its merits and determine if the appellant wishes to be substituted as the claimant or pursue benefits on an accrued basis.

The Board denied reopening the claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, as the submitted evidence was either cumulative or redundant.

The Board has remanded the claims for service connection for left and right fifth finger conditions, as well as blood clots. The Veteran's claim for these conditions is being reviewed due to new evidence received since the previous denial.

The overpayment of $601.60 for tuition and fees was properly created, thus the debt is valid. The Veteran's appeal for a waiver of recovery of this overpayment has been denied due to fault in creation.

The Board has previously remanded the case to determine if D.B. should be appointed as the Veteran's fiduciary, but no further action was taken. The case is being remanded again for a thorough investigation of D.B.'s fitness and suitability as a fiduciary.

The Board has determined that the Veteran's low back disability, diagnosed as spondylolisthesis with bilateral foraminal narrowing, is related to service and grants service connection for this condition.

The Veteran's death was not service connected, and the appellant did not meet the criteria for nonservice-connected burial benefits as her claim was filed within two years of the Veteran’s cremation.

The Board has found that further development is required before a decision can be rendered regarding the Veteran's metastatic squamous cell carcinoma and cause of death claims due to potential exposure to asbestos and radiation during service. The case is being remanded for additional medical opinions.

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 Board denied the Appellant's claim for apportionment of the Veteran’s VA disability compensation benefits as the Veteran is reasonably discharging his responsibility for her support and there is no evidence of hardship.

The Veteran's period of service from February 2, 2009 to August 4, 2009 was terminated due to an erroneous enlistment. The Board found that this period is not creditable active duty for eligibility purposes under the Post-9/11 GI Bill and denied her claim.

The Board denied the Veteran's claim for a waiver of recovery of an overpayment of additional Department of Veterans Affairs (VA) compensation benefits because the creation of the overpayment was not due to fraud, misrepresentation, or bad faith on his part. The Veteran was at fault in creating the overpayment by failing to report his divorce from B. promptly.

The Veteran's pension rate has been correctly calculated and adjusted for his SSA retirement benefits, resulting in a denial of the adjustment request.

The Veteran's claim for an increased rating for his service-connected hallux valgus of the right foot is remanded due to a lack of recent VA examination and updated medical evidence.

The Board denied compensation under 38 U.S.C. § 1151 for residuals of right hip replacement surgery due to lack of evidence showing VA was at fault or the event was not reasonably foreseeable.

The Veteran's gastric cancer, diagnosed many years after service, is not linked to his military service or exposure to environmental hazards.,Service connection for PTSD was granted but with a retroactive effective date of December 1, 2009.

The appellant's claim for unreimbursed medical expenses for the calendar year 2013 was denied as it was not filed within the required deadline.