Other conditions decisions — 2020

The Board has remanded the case due to insufficient evidence and need for a new VA medical opinion. The Veteran's left lower extremity disability is being reviewed again.

The Veteran is seeking service connection for CRVO of the right eye, which he claims was caused by exposure to mustard gas during training. The Board finds a pre-decisional duty to assist error and orders further development including checking the Department of Defense and VA Chemical Biological Warfare Exposure System database.

The Board has decided to remand the case for further consideration of whether the appellant meets the criteria for a survivor’s pension, considering her income and net worth, offset by her unreimbursed medical expenses, without factoring in the irrevocable trusts or assets held therein.

The Veteran's mother and custodian, the appellant, is seeking an effective date prior to April 1, 2018, for the award of an apportionment of the Veteran's VA compensation benefits. The Board has decided that due process errors occurred during her claim process and a remand is needed to ensure she received necessary pre-decisional duty-to-assist correspondence.

The Veteran's compensation benefits were reduced due to incarceration for a felony conviction. The Board found the creation of the overpayment was valid, but denied the waiver request as recovery would not be against equity and good conscience.

The Veteran's appeal for an earlier effective date for the addition of her spouse L.C. as a dependent spouse to her award is denied, and the issue of entitlement to dependent pay for L.C. beyond September 25, 2036 is dismissed as moot.

The Board dismissed the appeal regarding the proper creation of a debt in the amount of $14,779.28 due to retroactive reduction in compensation on the 61st day of incarceration after felony conviction.

The Veteran's surviving spouse is seeking VA survivor’s pension benefits, but her income exceeds the maximum annual pension rate. Therefore, her claim for these benefits has been denied.

The appeal for special monthly pension based on the need for regular aid and attendance has been dismissed as there is no case or controversy with respect to the appellant's entitlement.

The Veteran's service in the Massachusetts Army National Guard does not qualify for an extension of his delimiting date for Post-9/11 GI Bill education benefits because it was not considered active duty for training.

The Board has granted a special apportionment to the appellant, on behalf of herself and their minor children, in the amount of the dependency allowance that he receives for each of them from the Veteran's VA disability compensation benefits due to financial hardship.

The Board denied the Veteran's claims for higher disability ratings for right thumb, index finger, long finger, ring finger, and little finger loss of motion due to lack of evidence showing more than a 2-inch gap between the thumb pad and fingers or ankylosis.

The Board has determined that the severance of service connection for groin strain, status post injury was not proper and is remanding the case to address this issue.

The Veteran's application for VR&E benefits, other than employment services, to pursue an MSN was denied as she had transferrable job skills and plans to continue working in the same career field with her current education.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for VA death benefits because she did not meet the requirements for a valid marriage prior to the Veteran's death.

The Veteran's claim for service connection for a gastrointestinal disorder is being remanded due to the submission of new evidence that supports his claim.

The Board has granted an initial 30 percent evaluation for the service-connected dysphagia, finding that the Veteran's symptoms of difficulty swallowing food and water meet the criteria for this rating.

The Board has dismissed the appeal as the Veteran died during the pendency of the apportionment claim, making it moot.

The Board has remanded the case for further development regarding service connection for atrial fibrillation, including whether it is secondary to a pre-existing condition or aggravated by another service-connected disability.

The Board denied an earlier effective date for a 100 percent rating for PTSD prior to May 28, 1985. The Veteran's August 1979 claim for service connection was not adjudicated due to his failure to file a timely appeal of the August 1980 denial and because he did not express disagreement with the decision within one year.