Other conditions decisions — 2019

The overpayment of VA compensation benefits was created after the Veteran's divorce from his spouse, and the appeal is remanded for further consideration.

The Board denied the Veteran's claim for service connection for nuclear sclerotic cataracts of both eyes, finding that there was no evidence to support a link between his current eye condition and his in-service surgery.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos, benzene (or other toxic chemicals), and radiation during service. The VA will seek dose data from the Department of Defense for any such exposures.

The claim to reopen the previously denied service connection for multiple myeloma was denied due to lack of new and material evidence.,Service-connected burial benefits were also denied as there is no established service connection for the cause of death.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's foot disorder is secondary to his service-connected diabetes mellitus, type 2. The examiner must now address this issue and provide an opinion on whether the foot disorder is aggravated by the service-connected condition.

The Board denied the appellant's claim for recognition as the Veteran’s surviving spouse, finding that she did not meet the requirements for a surviving spouse at the time of the Veteran's death due to the invalidity of their marriage.

The Board denied the Veteran's claim for service connection for a bilateral eye disability, finding no evidence of such condition during active service and noting that any claimed secondary relationship to his service-connected diabetes mellitus type II is not supported by medical opinion.

The Veteran's adult child is not eligible to claim accrued benefits as he does not meet the statutory criteria of 'child' for the purposes of entitlement. The Board finds that the preponderance of evidence is against the claim and denies it.

The appeal was dismissed due to the death of the appellant.

The Board dismissed the issue of increasing the apportionment awarded to the Veteran's mother as it was not the proper claimant for such benefit. A new claim has been granted, but no notice of disagreement has been received.

The Veteran requested to withdraw his appeal, and the Board dismissed it as a result.

The Veteran's VA compensation benefits were withheld from January 1, 2004 to November 6, 2015 due to receipt of military retired pay. The appellant seeks retroactive payment for this period.

The appeal concerning eligibility for assistance in acquiring specially adapted housing has been dismissed due to the lack of a substantive appeal.

The Veteran's death was not service-connected, and therefore the claim for burial benefits is denied.

The Veteran withdrew his appeals on both issues before the Board could make a decision. The Board dismissed these cases as a result.

The Veteran's service-connected recurrent herpes is currently rated at 30 percent, effective August 17, 2015. The Board found that the evidence did not support a higher rating as her condition does not meet the criteria for a higher disability rating under Diagnostic Code 7806.

The Veteran's stepson, P.B., is recognized as his 'helpless child' for the purpose of additional dependency compensation due to permanent incapacity for self-support prior to attaining age 18. The claim was reopened based on new evidence showing a common-law marriage between the Veteran and P.B.'s mother before P.B.'s 18th birthday.

The Veteran's appeal for an increased rating for his service-connected other specified trauma and stressor related disorder (previously evaluated as PTSD) has been dismissed because he withdrew the appeal prior to a decision being made.

The Board has determined that the Veteran's right hand arthritis is not related to his service, as there was no evidence of arthritis during or within one year after service. The claim for service connection is therefore denied.

The Board has granted service connection for diverticulitis, finding that the Veteran's symptoms began during his deployment and are related to his active service.