Other conditions decisions — 2019

The Board has ordered a remand to obtain missing records and provide an addendum opinion regarding the Veteran's right arm disability.

The Veteran's claim for an earlier effective date for the grant of service connection for a right eye macular hole was denied. The Board also found that his initial disability rating for the condition should remain at 20 percent.

The Veteran's duodenal ulcer is being remanded for a new VA examination to assess the current severity of his condition. The TDIU claim is also being remanded due to incomplete information and need for further development.

The Veteran's income exceeded the maximum annual pension rate, so they are not eligible for nonservice-connected pension benefits.

The Board has remanded the case due to a need for a VA medical opinion regarding whether the Veteran's abdominal and/or inguinal hernia is related to his time on active service, specifically unloading cargo injuries. The claim will be reconsidered after obtaining any outstanding records and receiving the medical opinion.

The Veteran is entitled to a waiver of overpayment as he was not unjustly enriched by the overpayment and there has been no finding of fraud, misrepresentation, or bad faith on his part. The Board finds that recovery of the debt would be against equity and good conscience.

The Board denied service connection for a bilateral eye condition and a right-hand condition, finding that the Veteran did not have current disabilities related to his military service.

The Veteran's TDIU claim was granted effective August 29, 2008. DEA benefits were also granted effective August 29, 2008.

The Veteran's service-connected right foot disability has worsened, and a new VA examination is needed to determine the current severity of her condition.

The Board has remanded the claims for initial disability ratings and a TDIU due to inadequate examination findings regarding the Veteran's service-connected lumbar spine disabilities.

The Board has determined that the appellant's service discharge character is no longer a bar to receiving VA benefits, and thus grants their claim.

The appellant is denied eligibility for death pension benefits as the surviving spouse of her deceased husband due to remarriage after his death.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of this case.

The Board found that the appellee (former spouse) demonstrated financial hardship and the Veteran did not demonstrate undue financial hardship, thus granting an apportionment of his VA benefits to her in the specified amounts.

The appeal was dismissed due to the appellant's death.

The Board denied the Veteran's claim as the termination of his nonservice-connected pension benefits was proper due to excessive income, specifically including his spouse's income in determining countable income.

The Veteran's appeal for compensation under 30 U.S.C. § 1151 for residuals of surgery for rectal cancer, including an ostomy and left upper extremity neuritis, has been dismissed as the Veteran requested withdrawal of his appeal.

The Board has remanded the case for further development and an examination to determine if the appellant was insane at the time of his misconduct, which could affect his eligibility for VA benefits.

The Board dismissed the appeal because the appellant withdrew it before a decision was made.

The Board has decided that additional development is needed to determine if the Veteran's surgery caused or worsened an existing disability, and whether any such disability was due to VA fault. The case is being sent back for further examination.