Other conditions decisions — 2019

The Board has decided to remand the case due to a dispute over whether the overpayment of VA additional compensation benefits for a dependent was properly created. The Veteran is seeking clarification on when his divorce from A. occurred and how it affected his dependency status.

The Board has remanded the case due to the need for additional medical opinions regarding service connection for a skin disorder and the inextricably intertwined issue of entitlement to a total disability rating based on individual unemployability.

The VA correctly withheld the veteran's disability compensation benefits to recoup special separation benefits (SSB) he received at service separation. The appeal is denied.

The Board denied the Appellant's claims for recognition as an eligible surviving spouse of the Veteran for purposes of VA DIC and death pension benefits due to lack of valid marriage prior to the Veteran's death.

The Board has remanded the case due to uncertainty in the Veteran's diagnosis and lack of a causal opinion regarding his prostate disability, specifically related to herbicide exposure.

The Board found that the Appellant's service was not dishonorable for VA purposes, thus his character of discharge does not bar him from receiving VA benefits.

The Veteran's appeal for education benefits under various VA programs was denied because she did not meet the eligibility criteria for any of the programs, including failing to serve a minimum of 90 days after September 10, 2001 in active duty or having served full-time National Guard duty.

The Veteran's claims for service connection have been reopened and are being remanded due to the need for additional examinations.

The Veteran's appeal for service connection of a right ear disorder has been dismissed due to the death of the Veteran.

The Board is remanding the case due to a lack of medical records from E. Y.'s assisted living facility, which may provide insight into her medical condition and aid provided.

The Veteran's right ear disability is rated as noncompensable, but a temporary 10% rating was assigned during a period of suppuration. The claim for a compensable disability rating is being remanded due to the need for additional medical examination and treatment records.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's narcolepsy claim.

The Veteran's VRAP benefits were terminated due to her administrative withdrawal from Georgia Perimeter College, and she is not entitled to reinstatement for the remainder of the term.

The appellant's income exceeded the maximum annual pension rate, resulting in her ineligible for nonservice-connected death pension benefits starting April 1, 2015.

The Veteran's claim for the validity of an overpayment of VRAP benefits and his request for a waiver of recovery are being remanded due to insufficient evidence. He needs to provide documentation proving he continued enrollment at ICDC College after November 13, 2013, and any documents supporting his request for a waiver within 180 days of the notice of indebtedness.

The Veteran's cause of death, listed as cholangiocarcinoma, is being remanded for further evaluation to determine if it was causally or etiologically due to service.

The Veteran's claim for an effective date prior to March 18, 2016, for the award of special monthly pension benefits based on the need for aid and attendance was denied. The Board found that there is no evidence of an informal claim or any other correspondence received prior to May 18, 2016, which could be construed as a claim for such benefits.,The Veteran's claim for a higher rate of pay for disability pension benefits based on the need for aid and attendance was denied. The Board found that his countable income did not exceed the maximum annual pension rate (MAPR), thus preventing an increase in his monthly payment.

The Board denied the appellant's claim for reimbursement of the Veteran’s widow's burial expenses because there were no accrued benefits from which to reimburse due to the appellant failing to provide requested information regarding her deceased mother-in-law's financial status.

The Board has remanded the case for further consideration due to issues related to the creation of an overpayment and a request for apportionment of benefits.

The Veteran did not have any pending VA benefits at the time of his death, and therefore there are no accrued benefits to award.