Other conditions decisions — 2019

The Board denied restoration of an 80 percent disability rating for residuals of transient ischemic attack from September 1, 2014 due to the absence of evidence showing improvement in the Veteran's condition and the fact that his disability did not meet the criteria for a higher rating.

The Veteran's sister is not eligible for accrued benefits as she did not qualify as the Veteran’s spouse, child, or parent. The appellant also did not incur any expenses associated with the Veteran's last sickness or burial.

The Veteran's death was not service-connected, but the appellant provided sufficient evidence to show she personally incurred funeral and burial expenses. The claim for nonservice-connected burial benefits is granted.

The Veteran's daughter was not recognized as a helpless child due to her ability to support herself with employment and education prior to turning 18, despite having cerebral palsy.

The Veteran's overpayment of education benefits is valid, and the VA has granted a waiver to recover this debt. The decision also notes that the Veteran does not have financial means to repay the debt while maintaining basic necessities.

The Veteran's income from Social Security Administration (SSA) exceeds the maximum annual pension rate for a veteran with one dependent, thus denying her entitlement to nonservice-connected pension benefits.

The Veteran's application for a waiver of overpayment in the amount of $31,939.50 was not received within 180 days following the date of a notice of indebtedness issued on or after April 1, 1983 by VA to the debtor.

The Veteran's death was caused by oxycodone intoxication. The appellant timely filed a claim for SSA survivor benefits, which is considered a joint claim for VA DIC and accrued benefits. An effective date of April 1, 2013, is granted for the award of DIC benefits based on service connection for the cause of the Veteran’s death. The appellant's claim for accrued benefits was timely filed.

The appellant is granted additional accrued benefits in the amount of $1,000.00 for out-of-pocket expenses incurred for his mother's burial at her death, but no more.

The Board has been remanded to ensure the Veteran is afforded due process regarding their claim for TDIU, as a supplemental statement of the case needs to be issued by the AOJ.

The Veteran's appeal for an initial compensable rating for the residuals of a right femoral neck stress fracture based on limitation of flexion of the thigh is being remanded due to additional VA treatment records not yet reviewed by the RO.

The Veteran did not serve during a designated war period, so the Appellant is not eligible for survivor's pension benefits.

The Veteran's nephew, the appellant, is not entitled to accrued benefits or a month-of-death payment as there were no pending claims at the time of the Veteran's death and he did not have a surviving spouse.

The Board has granted service connection for Raynaud’s disease and denied service connection for discoid lupus and alopecia (secondary to discoid lupus). The Veteran's Raynaud’s disease is considered incurred in service, while her discoid lupus and alopecia are not shown to be related to service or any service-connected condition.

The Board denied service connection for left and right upper extremity neurological disorders, finding no evidence of in-service onset or relationship to service, including presumed herbicide agent exposure.

The appellant is not eligible for nonservice-connected death pension benefits due to excessive income.

The Board found that the personal injury settlement payment was countable income and denied pension benefits for the period January 1, 2013 to January 31, 2014 due to excessive countable income.

The Veteran withdrew his appeal for nonservice-connected pension, and the Board has dismissed it.

The Board denied an apportionment of the Veteran’s VA compensation benefits on behalf of his son due to the appellant's abandonment and financial hardship, while the Veteran provided support for his son.

The Veteran's service-connected disabilities, including post-prosthetic replacements of both hips and a foot condition, prevent him from securing or following a substantial gainful occupation.