Other conditions decisions — 2019

The Veteran's overpayment of Post-9/11 GI Bill educational assistance benefits for a housing allowance is being remanded due to the need for additional documentation and clarification regarding the creation of the debt.

The Board has remanded the case due to incomplete service records and a need for a formal finding of fact regarding the Veteran's claimed exposure to benzene. The AOJ is instructed to conduct exhaustive development, including obtaining service treatment and personnel records from the Veteran’s Reserve service and preparing a Memorandum with a Formal Finding of Fact regarding the Veteran's asserted exposure.

The Veteran's daughter claims entitlement to accrued benefits, but the claim was not filed within one year of her father's death and is therefore denied.

The Board denied a waiver of recovery of an overpayment of pension benefits due to the Veteran's failure to inform VA about his incarceration, finding that while he was at fault in creating the overpayment, collection would not be against equity and good conscience as it did not deprive him of basic necessities or result in unjust enrichment.

The Board found that the appellant's income exceeded the maximum annual pension rates (MAPR) and thus denied her request for death pension benefits from February 1, 2016 to May 31, 2018.

The Board has remanded the case due to the need for a new VA examination and medical opinion regarding the etiology of any diagnosed eye disorders, including an allergic disability affecting the eyes. The Veteran's service treatment records show evidence of allergy problems with associated itchy eyes, and post-service private treatment records indicate allergies, to include allergic rhinitis and conjunctiva with eye itching/watering.

The Board denied the appellant's claim for nonservice-connected burial benefits greater than $300.00, as there is no legal basis to award any additional amounts.

The Board denied service connection for a bilateral toe disorder, finding that the condition did not manifest during or within one year after service and was not otherwise causally related to military service.

The case is being remanded due to the need for additional development, including obtaining SSA records and private treatment records, as well as scheduling a VA examination.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's chronic gastritis is a known structural gastrointestinal disease or a condition with unknown etiology and pathophysiology, and if it is related to his reported probable gastroenteritis during service in Southwest Asia.

The Veteran's claim for service connection for breast cancer/lymph node cancer has been reopened due to new and material evidence. However, the claim is still denied as there is no causal relationship between his condition and active service or exposure to herbicides.

The Veteran's request for the transfer of Chapter 33 (Post-9/11 GI Bill) education benefits to his dependent, J, is remanded due to a missed personal hearing. The case will be readjudicated after the hearing.

The Board denied an earlier effective date for the grant of service connection for the cause of the Veteran's death, finding that the claim was not received until May 4, 2015. The effective date is set at May 4, 2015.

The Board has granted the Veteran's claim for payment or reimbursement of medical expenses incurred during a non-VA hospitalization at Cape Canaveral Hospital on July 2, 2014, due to prior authorization by VA.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's respiratory condition is related to his military service.

The Board is remanding the issue of whether VA compensation benefits should have been terminated from October 2009 to October 2014 due to the Veteran's 'fugitive felon' status. The overpayment claim for $159,383.92 will be deferred until this issue is resolved.

The Board denied service connection for residuals of an inguinal hernia, residuals of a ventral hernia, and gallbladder removal. However, it granted service connection for bilateral hand fingernail clubbing as secondary to the Veteran's service-connected respiratory disability.

The reduction of the Veteran’s VA compensation benefits for fiscal year 2009 drill pay was made only once, by a March 7, 2013 decision and is considered proper.

The Veteran's accrued benefits claim is remanded due to unclear calculations and the need for additional information from the AOJ.

The Board found that the Appellant's misconduct was willful and persistent, leading to a dishonorable discharge. As such, his character of discharge is considered a bar to VA benefits.