Other conditions decisions — 2020

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

The Board denied service connection for pancreatic insulinoma and metastatic liver cancer as due to exposure to ionizing radiation, finding that the preponderance of evidence is against the claim.

The Veteran died in his residence and was not receiving any VA compensation or pension benefits at the time of death. The claim for burial benefits is denied as there is no legal basis to award such benefits.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $72,096.00 due to fault on her part and because waiving recovery would defeat the purpose of the benefit.

The Board has ordered the VA to verify specific dates of active duty service, including any periods of ACDUTRA and INACDUTRA during the appellant's period of service in the U.S. Army Reserve. The claim will be readjudicated after this development is completed.

The appellant's spouse is not eligible for interment in a VA national cemetery because the appellant did not have active military service and no disease or injury incurred during his ACDUTRA period was found to be service-connected.

The Board has denied the Veteran's claims for service connection for right and left hand disabilities, finding that there is no current diagnosis of a disability in either hand and noting that the Veteran's reported pain does not constitute a compensable disability.

The Board has denied a disability rating in excess of 20 percent for limitation of flexion of the right thigh and has remanded the claim for TDIU.

The Board has granted service connection for scoliosis and lower back pain, finding that the Veteran's preexisting conditions were aggravated by his service-connected right ankle disorder. The decision is based on evidence in equipoise as to whether the current back disorders were aggravated by the service-connected right foot and ankle disorders.

The Board has remanded the case due to inadequate compliance with previous remand instructions and the need for a new VA examination.

The Veteran's lichen planus is rated at 10 percent, but the Board found that it does not meet or approximate the criteria for a higher rating under either the old or new VA Rating Schedule.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because his additional disability was not caused by VA care, treatment, or examination.

The Board has remanded the case due to insufficient evidence of record to recognize the appellant as the Veteran’s surviving spouse for the purpose of establishing eligibility for VA benefits.

The overpayment of transferred Post-9/11 GI Bill educational assistance benefits was validly created due to the Veteran's ineligibility for transferring benefits, and recovery would not be against equity and good conscience.

The Board has remanded the case due to a need for an addendum opinion regarding the relationship between the Veteran's sleep condition and his service-connected diabetes mellitus. The effective date of additional compensation benefits for a dependent spouse remains denied as it is not warranted prior to August 2, 2016.

The Board has determined that additional development is needed to determine if Medicare covered any expenses incurred during the Veteran's emergency treatment in November 2015 and whether the Veteran or the provider of emergency treatment has exhausted all claims against Medicare. The case is therefore being remanded.

The Board has remanded the Veteran's claims for left hip disabilities due to inadequate examination results. A new VA examination is required to determine the current severity of his service-connected left hip disabilities, including range of motion testing.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board denied the veteran's claim for apportionment of his VA disability compensation benefits, finding that it would cause undue hardship to the Veteran.

The Veteran's neurogenic bladder disability is denied as it was not caused by or the result of VA treatment for his rectal cancer.