Other conditions decisions — 2019

The Veteran's divorce from the appellant occurred before his death, thus preventing her from being recognized as his surviving spouse for VA benefits purposes.

The Board denied the Veteran's request for a waiver of indebtedness due to an overpayment, finding that the creation of the debt was valid and not against equity and good conscience.

The Board denied service connection for injuries to the Veteran's right side of body and back, as well as a right leg injury, finding that there is no evidence of such disabilities during the period on appeal.

The Board has determined that the issue of whether the overpayment at issue was properly created and calculated is inextricably intertwined with the waiver of recovery of an overpayment of pension benefits. Therefore, the issue regarding a waiver of the debt may not be adjudicated until the validity of the debt is addressed.

The Veteran's overpayment of VA compensation benefits was denied because the request for a waiver was not made within the required 180-day period.

The Board finds that additional development must be undertaken before the appeal can be adjudicated on the merits. The appellant seeks entitlement to accrued benefits and substitution for his deceased father's claim, but has not been properly notified of these options.

The Board has determined that a remand is necessary to determine the relationship between the Veteran's pancreatic cancer and his military service, including in-service treatment for gastritis, as well as whether he had an undiagnosed illness or medically unexplained chronic multi-symptom illness related to his Gulf War service. The Board also needs to review any outstanding records from Dr. J.R.

The Veteran's son filed for accrued benefits more than a year after the Veteran died, which is not allowed by law. Therefore, the claim was denied.

The Veteran's surviving spouse is not entitled to an additional month of death benefits as she received the correct amount ($2,120) in October 2015.

The Board denied the Appellant's appeal for an earlier effective date of November 1, 2010 for the apportionment on behalf of their child D.J.B. The criteria for an earlier effective date were not met.

The Board found that the overpayment of $3,215.00 was validly created and waived recovery in part due to adjustments made during the appeal period, leaving a remaining debt of $1,559.00 which would not violate principles of equity and good conscience.

The Veteran's claims for a compensable disability rating for hearing loss in the left ear, an increased disability rating in excess of 10 percent for his left ear disability, and a temporary total rating for left ear surgery are being remanded due to the need for additional development.

The overpayment of Chapter 33 education benefits in the amount of $1438.70 was properly created and a waiver of recovery is granted.,The overpayment of Chapter 33 education benefits in the amount of $166.67 was properly created and a waiver of recovery is denied.

The Veteran withdrew his appeal regarding the claim of service connection for bee stings before a decision was made by the Board.

The Board has decided to remand the case due to missing VA treatment records and an addendum medical opinion from the March 2014 examiner.

The Veteran's appeal for payment or reimbursement of medical services received at Schuylkill Medical Center in Pottsville, PA on April 26, 2016 is granted. The decision was based on the severity of her back pain and inability to move due to severe pain, which made it hazardous not to seek immediate medical attention.

The Veteran's surviving spouse died before receiving the benefits, and the appellant is not eligible for the accrued benefits as she does not meet any of the categories of beneficiaries listed in the law. The appeal is denied.

The Board has decided that the appellant is not eligible for CHAMPVA health benefits from December 2, 2011 through April 30, 2013 and from September 1, 2013 through December 31, 2015 due to Medicare Part B coverage. The appeal has been REMANDED to adjudicate the appellant's claim for reinstatement of CHAMPVA benefits from January 1, 2016.

The Veteran's son filed for accrued benefits more than a year after the Veteran died, which is not within the one-year time limit. Therefore, the claim was denied.

The appellant requested withdrawal of the appeal for service connection for the cause of death, and as a result, the appeal is dismissed.