Other conditions decisions — 2019

The Veteran died in January 2015 and the appellant filed for burial benefits. The claim was denied as there is no legal basis to award burial benefits on the facts presented.

The Veteran's surviving spouse had a pending pension claim at the time of her death, but due to excessive net worth she would have been denied benefits. Therefore, there were no accrued benefits due and unpaid.

The Board has decided to remand the case due to inadequate examination and further delay is expected. The Veteran's right lower leg disability needs to be re-evaluated by VA.

The Veteran's 100% disability rating for adenocarcinoma of the prostate was discontinued on July 1, 2012. The Board found that this action was void ab initio due to procedural errors and restored the 100% rating from July 1, 2012.

The RO found that attorney fees of $597.23 were warranted based on benefits awarded in a February 2016 rating decision, but the Veteran and his attorney (appellant) disputed this amount. The RO issued a Statement of the Case (SOC), but did not provide copies to both parties. As such, the matter is being remanded for compliance with contested claims procedures.

The Board denied the Veteran's claim for termination of nonservice-connected pension benefits as his countable family income exceeded the applicable maximum allowable pension rate.

The Board denied service connection for the cause of death due to multiple myeloma and pleural effusion, finding that there was no evidence linking these conditions to the Veteran's military service or exposure to asbestos.

The Board has remanded the Veteran's claims for service connection due to conflicting medical opinions and unclear etiology. The Veteran is seeking service connection for rickets, vitamin D deficiency, and a testicular condition.

The Board has decided to remand the case due to a lack of a medical nexus opinion regarding the onset and relationship of the Veteran's atrial fibrillation to his service. The Veteran needs to be examined by VA to determine if his current heart conditions are related to his service.

The Board has found that more development is necessary prior to final adjudication of the Veteran's claims for a higher rating for his acromioclavicular separation with healed fracture of the left clavicle and TDIU. The AOJ must refer both issues on appeal to the VA Director of Compensation Service for an extraschedular clarification.

The Board denied reinstatement of the Veteran's non-service connected pension benefits due to his failure to provide requested information regarding income and marital status within 60 days, effective November 1, 2014.

The Board has decided to remand the case due to incomplete records and the need for a VA examination.

The Board denied the reduction in nonservice-connected pension benefits from July 1, 2014 until December 30, 2014 as improper. The Veteran was hospitalized for a fractured tibia and his pension was reduced to $90 effective September 1, 2014.

The Board has remanded the case due to insufficient medical opinion regarding whether the cause of the Veteran's death from esophageal cancer was related to his presumed Agent Orange exposure during service.

The Board found no evidence of VA fault in causing the Veteran's left leg to be longer than his right leg post-left knee arthroplasty, and thus denied compensation under 38 U.S.C. § 1151.

The Board denied the waiver request for an overpayment of $35,243.82 in VA DIC benefits due to the Appellant's receipt of attorney fees as per a valid agreement. The decision found that recovery was against equity and good conscience.

The Board denied accrued benefits because the appellant did not file a timely claim after her mother's death, and she is not eligible for these benefits.

The Board found that the appellant's pension benefits were properly terminated due to his failure to provide necessary information regarding his income and assets, leading to an excessive net worth for pension purposes.

The Veteran's chronic adjustment disorder has been rated at 50 percent, but the Board finds that it warrants a higher rating of 70 percent. The issue of entitlement to TDIU is remanded for further development.

The Veteran's esophageal cancer is not service-connected due to the lack of a link between his condition and herbicide exposure. The claim for accrued benefits was denied as it was filed more than one year after the Veteran's death.