Other conditions decisions — 2019

The Board denied the Veteran's appeals for higher pension rates from January 1, 2017 to January 1, 2018 due to his countable income exceeding the maximum annual pension rate.

The Veteran's additional accrued benefits in the amount of $5,011.00 are granted.

The Veteran's claim to reopen his service connection for left and right tibia stress periostitis was denied because the new evidence submitted did not provide a reasonable possibility of an allowance.

The Board has determined that the Veteran's pension benefits were terminated due to excessive income, effective March 1, 2008.

The Board has determined that the evidence is insufficient to adjudicate the Veteran's claim and requires additional development, including submission of a VA Form Extension of Ending Attachment and a signed statement from a doctor providing precise dates of disability.

The Veteran requested an earlier effective date for his Post-9/11 GI Bill (Chapter 33) benefits, but the Board denied this request as additional payments cannot be made under Chapter 33 for the Fall 2014 enrollment period because he was already paid under Chapter 30 and duplication of benefits is prohibited.

The appellant is not eligible for nonservice-connected death pension as she was divorced from the Veteran at the time of his death and did not meet the requirements to be considered his surviving spouse.

The Board found that the overpayment of $5,345.00 in VA nonservice-connected pension benefits was validly created due to errors on the Veteran's part regarding his income and marital status. The Veteran did not notify VA about changes in his income or marriage until after they had occurred, resulting in an overpayment. However, the Board also found that the Veteran was not at fault for the overpayment as he agreed to repay the amount through monthly deductions from his benefits. Therefore, the waiver of recovery of the overpayment was denied.

The Veteran's genitourinary disability, including testicular pain and erectile dysfunction, is granted as service connected. The issues of bilateral hearing loss and bilateral cataracts are remanded for further examination.

The Veteran's service is not considered active duty during a recognized period of war, thus he does not meet the basic eligibility requirements for nonservice-connected VA pension benefits.

The Board has determined that there is insufficient evidence to determine if the Veteran's left leg condition was aggravated by service, and thus remands for further examination.

The veteran's surviving spouse is not eligible for nonservice-connected death pension benefits due to her income exceeding the maximum limit.

The Board denied an earlier effective date for DIC benefits as the surviving spouse of the Veteran, finding that no formal or informal claim was received prior to July 27, 2015.

The Veteran's claim for a compensable evaluation for residuals, anterior nasal septal perforation repair is denied. The Board finds that the criteria for a compensable rating have not been met as there was no more than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. The Veteran's claim for service connection for basal cell carcinoma with squamous differentiation involving the midline nasal dorsum is remanded due to incomplete opinion in the previous VA examination.

The Board found that the overpayment of VA pension benefits was due to misrepresentation by the Veteran regarding his spouse's income and SSA benefits. As a result, waiver of recovery is denied.

The Board denied the Veteran's claims for service connection for a lung disorder and a left lung condition, finding that there was no evidence of an in-service event or disease related to these conditions. The Veteran's appeal on this issue is therefore denied.

The Board has denied the Veteran's claims for service connection for generalized muscle pain and eye disorder (blurred vision) due to lack of a current diagnosis. The case is remanded for further examination and consideration.

The Veteran's right vocal cord paralysis with voice hoarseness is currently rated as 10 percent disabling. The Board has remanded the case to obtain a new examination that more accurately assesses his current condition and whether there has been any improvement or worsening since June 2016.

The Board denied the appeal as the Appellant did not file a timely substantive appeal for the issue of service connection for cause of death in an April 2015 rating decision and February 2016 SOC.

The Board has determined that the withholding of DIC benefits in the amount of $30,264.86 was not properly created and grants the appeal.