Other conditions decisions — 2019

The Veteran withdrew his appeal regarding the earlier effective date for service connection of multiple myeloma, resulting in its dismissal.

The Board has determined that the termination of the Veteran's pension benefits, effective October 1, 2014 to October 31, 2015, was proper due to receipt of employment income. The issue of waiver of overpayment is also remanded as it involves a separate statute and regulation.

The Board has decided to remand the case due to a need for additional information regarding the Veteran's unreimbursed medical expenses in 2015.

The appellant's notice of disagreement was not filed within the one-year period, so his appeal is denied.

The Veteran's appeal for a higher disability rating for bilateral punctuate keratitis with right eye peripheral retinal lattice degeneration is denied. The appeals for lumbar degenerative arthritis and headaches are remanded.

The Board has decided to remand the case due to insufficient medical nexus opinions regarding the Veteran's current pulmonary disability and his exposure during service in the Gulf War. The Veteran needs a new opinion from a VA examiner to determine if his current condition is related to his active duty service.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's claim of service connection for premature ovarian failure.

The Veteran's skin condition, which includes lipogranulomatosis substantia of Rothman and Makie (variant of Weber-Christion panniculitis) with ichthyosis vulgaris of entire body, is rated at 50 percent. The Board found that the evidence did not support a higher rating due to lack of systemic therapy or affected areas exceeding 40% of the body or exposed areas. For TDIU claim, the Veteran's skin condition was deemed insufficient to prevent him from securing and following substantially gainful employment.

The Board has reopened the Veteran's claim for service connection for bilateral corneal dystrophy due to new and material evidence. The case is remanded for further development, including a VA examination.

The Veteran's right ulnar fracture has healed with no residuals, and he is not entitled to an initial compensable rating.

The Veteran's claim for service connection for substance abuse is denied, and his claim for a compensable evaluation for residuals of right hand fracture is remanded.

The Veteran's esophageal cancer was not incurred in or aggravated by service, including as due to exposure to contaminated water at Camp Lejeune. The Board denied the claim for service connection.

The Veteran's surviving spouse is denied VA death pension benefits due to excessive net worth, as her monthly expenses exceed her income by $96,088.08 per year and her life expectancy is 3 years.

The Veteran's surviving spouse was awarded special monthly pension benefits based on a need for aid and attendance. The Appellant, the adult daughter of the Veteran and decedent, sought payment of additional accrued benefits due to funeral expenses incurred by her sibling and the decedent’s estate. However, she is not entitled to these benefits as she does not meet the legal definition of a child for accrued benefits purposes.

The Veteran's son, the appellant, does not have legal entitlement to accrued benefits as there was no pending claim at the time of his father's death.

The Board denied the veteran's claim for death pension benefits as the surviving spouse because the appellant remarried after the Veteran's death, which barred her from eligibility.

The Board has remanded the case due to an apparent discrepancy between the amount of overpayment found and the amount paid by the Veteran, requiring further investigation into the validity of the overpayment and any additional waiver.

The Veteran's widow was not eligible for any additional VA benefits at the time of her death because she was already receiving the maximum allowed amount for death pension with aid and attendance. The appellant is not a child for purposes of accrued benefits, as she was over 18 years old at the time of her mother's death.

The Board denied the Veteran's claim for service connection for a right eye disability, finding that his refractive error does not constitute a disease or injury for which he may be separately service connected.

The Veteran's cause of death is presumed to be due to cardiac arrest. The appellant contends that VA's failure to contact the Veteran’s family when his ICD was activated contributed to his death, and requests DIC benefits under 38 U.S.C. § 1151. The Board has determined that an additional opinion is needed regarding whether VA's failure to notify the Veteran's family of the activation of his ICD caused his death.