Other conditions decisions — 2019

The Board found that the Veteran's net worth was a bar to nonservice-connected pension benefits and terminated them effective January 1, 2016.

The reduction and termination of the Veteran's pension benefits effective October 1, 2015 was proper due to her income exceeding the maximum annual pension rate. The claim for nonservice-connected pension benefits is denied.

The Board denied the claim for nonservice-connected death pension benefits as the appellant's adjusted annual income exceeded the maximum allowable pension rate.

The Veteran's surviving spouse was granted special monthly pension based on the need for aid and attendance, as her income was below the Maximum Allowable Pension Rate (MAPR) and she required regular assistance.

The Veteran's compensation benefits were retroactively adjusted due to changes in his dependency status, resulting in an overpayment. The Board found fault on the Veteran's part for not timely reporting changes in dependents and denied waiver of recovery of the overpayment.

The Board has granted service connection for a left eye condition as secondary to the Veteran's service-connected right eye injury residuals, finding that the evidence is in equipoise regarding whether the left eye condition is related to his service-connected right eye condition.

The Veteran's son, J.J., was denied additional compensation for his school attendance beyond November 2018 as he turned 23 years old.

The Board found that the Veteran's cause of death (alveolar hemorrhage, refractory anemia excess blast, acute rental failure, and ventricular arrhythmia) was not related to his military service or exposure to herbicides. Therefore, service connection for the cause of death is denied.

The Board found that a partial waiver of $300.00, but no more, is warranted for the Veteran's overpayment due to apportionment and incarceration. The full debt was not waived as it would result in unfair gain.

The Board has decided to remand the case due to a lack of an examination for service connection of an eye injury/condition. The Veteran's claim will be further evaluated after scheduling a VA examination.

The Veteran's service in the recognized Guerillas prior to July 1, 1946 is not qualifying service for non-service connected pension benefits. The cause of death (cardiorespiratory arrest due to pneumonia and atherosclerosis) was not related to his active service.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a left hip disorder. The case is now remanded for further development, including obtaining additional medical records and scheduling an examination.

The Board has decided that more information is needed to determine if the Veteran's current basal cell skin carcinoma is related to his service, and therefore remands the case for further examination.

The Veteran's appeals for service connection for right drop foot and a right leg disability have been dismissed due to the Veteran's death.

The Veteran's dysthymic disorder is rated at 70 percent, effective from May 3, 2010. The claim for a TDIU was denied as the Veteran's unemployment was not due to his service-connected disability.

The Veteran's chronic diarrhea was rated as noncompensable, but the Board granted a 10% rating for moderate irritable colon syndrome with frequent episodes of bowel disturbance and abdominal distress.

The Board denied service connection for a respiratory disorder, including pulmonary emboli, finding that the Veteran's current respiratory disorders began many years after service and were not caused by any incident of service or his service-connected heart disorder.

The Veteran's death was not caused by or related to his service, including as secondary to a service-connected disability.,The appellant sought nonservice-connected death pension benefits based on the Veteran’s Philippine Guerilla and Commonwealth Army service. The Board found that this service is not qualifying for pension purposes.

The case is being remanded for additional development to locate the Veteran's complete claims file and determine if more legible copies of medical records from Stateville Correctional Center may be obtained.

The Board has remanded the case due to uncertainty regarding whether the appellant's diplopia is a congenital defect or disease, and if it was aggravated by service.