Other conditions decisions — 2019

The Board denied service connection for primary anemia and the effective date of NSC pension benefits, finding that there was no evidence to support a direct link between service and current conditions.

The Board has remanded the case due to issues regarding whether a timely notice of disagreement was filed contesting an August 2005 administrative decision to retroactively reduce the Veteran’s compensation benefits, which resulted in an overpayment. The issue will be adjudicated again once this is resolved.

The Board denied the Veteran's claim for service connection for a lung disability (claimed as a left lung nodule) because the evidence did not support a finding that his condition had its onset in service or was related to his military service.

The Veteran's claims for service connection for gout of the bilateral feet and a right leg disability as secondary to service-connected residuals of frostbite of the bilateral feet have been denied. The Board found that there was insufficient evidence to support these claims.

The Veteran's unauthorized medical expenses for ambulance and private hospital treatment on August 19, 2017 were not reimbursable due to his third-party insurance coverage. The appeal is denied as the amount in dispute represents a copayment owed by the Veteran under his health-plan contract.

The Veteran's income exceeded the maximum annual pension rate, thus he is not entitled to VA pension benefits.

The Board denied the Veteran's claim for service connection for a liver condition, to include hepatic steatosis and fatty liver, due to exposure to contaminated water at Camp Lejeune. The evidence did not establish that the Veteran’s liver condition was related to his military service.

The decision to deny pension was based on the Veteran's net worth. The Veteran needs to provide evidence showing the amounts currently held in the income trust for calculating net worth.

The Veteran's claim for earlier effective date of special monthly pension based on the need for aid and attendance is denied as there was no formal claim prior to February 20, 2018. The earliest effective date granted by VA was June 12, 2017.

The Veteran's nonservice-connected pension benefits were properly adjusted due to income from the Social Security Administration as of May 2017, and the claim for an effective date prior to April 19, 2017, for the grant of special monthly pension based on the need for aid and attendance is denied.

The Veteran's appeal for a compensable rating for follicular non-Hodgkin’s basal lymphoma was withdrawn. The Board granted service connection for chronic genital shingles and neutropenia as secondary to her service-connected follicular non-Hodgkin’s basal lymphoma.

The Veteran's claim for service connection for residuals of a cold injury, claimed as a right ear skin condition, is remanded due to the need for additional medical guidance to determine if his ongoing symptoms are related to his active service.

The Veteran's non-VA medical expenses incurred due to a viral pharyngitis on June 18, 2017 are reimbursed as the treatment was deemed necessary due to an emergency and no VA facility was feasibly available.

The Veteran's VR&E services appeal was denied because he failed to cooperate in the initial evaluation process due to his incarceration.

The Veteran's respiratory disorder (claimed as pneumonia and bronchial problems) is granted service connection, while his bilateral leg disability is denied.

The Board found that the reduction from a 100% rating to a noncompensable rating for Non-Hodgkin’s lymphoma, effective March 1, 2015, was proper due to improvement in the Veteran's condition.

The Veteran's daughter is denied accrued benefits as she does not meet the statutory definition of a 'child' and has not provided evidence of expenses paid for her mother's last sickness or burial.

The Veteran's claim for an earlier effective date for nonservice connected pension benefits with aid and attendance is denied as the earliest possible (and appropriate) effective date is May 16, 2017.

The Board found that the appellant's service discharge was under other than honorable conditions due to willful and persistent misconduct, thus denying VA benefits.

The Board found that the overpayment of VA compensation benefits was properly created due to the Veteran's failure to promptly notify VA of his spouse's death, resulting in an overpayment.