Other conditions decisions — 2020

The Veteran's cause of death, endstage interstitial lung disease, was not related to his service or a service-connected disability.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Veteran's claim for service connection for PVD of the lower extremities with carotenoid stenosis is being remanded due to a lack of an opinion regarding secondary service connection. The AOJ must obtain and review any outstanding records, schedule the Veteran for an examination, and provide an opinion on whether his PVD is caused or aggravated by his service-connected PTSD.

The Board has determined that the Veteran's timely Notice of Disagreement (NOD) was filed within one month of receiving the January 2017 rating decision, which granted TDIU, SMC based on housebound criteria, and DEA. As a result, the appeal is considered timely.

The Veteran's claim for additional compensation benefits for her spouse as a dependent spouse was denied because she did not provide the required information/evidence to substantiate her prior marriages and current marriage.

The Board has remanded the case due to a lack of sufficient evidence regarding the relationship between the Veteran and the minor child, C.W. The appellant is requested to provide a legible birth certificate that identifies the Veteran as the father of the child.

The Veteran's claim for a higher rating for TMJ was denied as the evidence did not show that his condition warranted an evaluation in excess of 10 percent.

The Veteran withdrew her appeals for non-Hodgkin’s lymphoma and left leg disability, as she was granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's spouse was granted a general apportionment of the Veteran’s VA disability compensation benefits, in the amount of the dependency allowance for a spouse.

The Board has dismissed the issue of whether an overpayment of VA compensation benefits was properly created, as there is no longer a dispute regarding this matter.

The Veteran's claim for a waiver of overpayment was denied because the debt was valid and there was no indication of fraud, misrepresentation or bad faith. The Board found that recovery would not result in undue hardship.

The Veteran's heart condition, specifically stable angina and myocardial infarction/chest pains with tightness/incomplete right bundle branch block, was evaluated at a 30 percent disability rating since January 22, 2019. The Board found that the evidence did not meet the criteria for an increased disability rating.

The Board denied the Veteran's challenge to the overpayment, finding that VA did not improperly create the overpayment due to a sole administrative error. The Veteran was not entitled to the attorney’s fee and thus should have retained the amount.

The Board has restored the Veteran's competency for VA benefits purposes, finding that he is capable of managing his own financial affairs including disbursement of funds.

The Veteran's right shoulder disorder, diagnosed as partial tear distal supraspinatus, mild AC joint arthrosis with subacromial spurring, rotator cuff tendonitis, glenohumeral arthritis, and impingement syndrome, is at least as likely as not related to active service.

The Board has determined that the Veteran's left ankle disability, diagnosed as a left Achilles tendon rupture, was incurred during his period of INACDUTRA (inactive duty training) while on ordered physical training. The evidence supports this finding and service connection is granted.

The Veteran requested withdrawal of the appeal regarding attorney fees based on past-due benefits granted in a June 2019 rating decision, and the Board dismissed the appeal.

The Board denied the appellant's claim for DIC benefits as she was not legally married to the Veteran at the time of his death, thus failing to meet the criteria for a surviving spouse.

The Veteran's VA compensation benefits are denied for apportionment to the appellant due to financial hardship on his part, as an apportionment would cause undue hardship.

The Veteran's request for waiver of overpayment due to incarceration on April 25, 2014 was granted. The Board found that the Veteran did not receive proper notice regarding the time limit to file his application and thus deemed it timely filed.